Is zakat permissible on money earned from grapes used in winemaking?
Scholars have unanimously agreed on the obligation of zakat on grapes if their conditions are met, due to the authentic hadiths that confirm this. The passing of a hawl (one year) is not a condition for the zakat of crops and fruits, including grapes. Rather, it becomes obligatory upon harvest if it reaches the nisab, which is five awsuq. The amount of zakat is one-tenth if irrigated without effort, and one-half of one-tenth if irrigated with effort.
If the owner harvests a nisab or more of grapes, zakat is obligatory on the grapes themselves, not on their price. However, if the amount does not reach the nisab, no zakat is due. If the value of the grapes reaches the nisab and a hawl passes over it, then zakat on wealth becomes obligatory on it.
As for selling grapes to someone who will turn them into wine, the Hanafis, Shafi'is, and Hanbalis (in one view) held that the sale is valid. The Malikis held that the buyer is compelled to remove the grapes from his possession without nullifying the sale. Conversely, the Hanbalis explicitly stated that the sale is invalid if the seller knows the buyer's intention to turn them into wine, because it is a contract over an item for the purpose of a sin. According to the view that validates the sale, which is the opinion of the majority, the price is owned by the seller, and zakat is obligatory on it according to the well-known conditions.
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