Is zakat obligatory upon the owner of an olive grove and upon the one who harvests it for a 50/50 share, and when is it calculated: before or after division, and before or after pressing the olives, knowing that the pressing fee is oil or money? And is it permissible to give half the yield as a harvesting fee, and is there any Gharar in that? And how is zakat performed if a person manages the grove throughout the year, from plowing and fertilizing to harvesting?
Scholars differ on the obligation of on olives. It is obligatory according to the Hanafis and others, based on the Almighty's saying: "{And give its due on the day of its harvest}," and because it can be stored. Meanwhile, the Shafi'is in their later opinion and Ahmad in another narration held that it is not obligatory because it cannot be stored dry.
According to the view that zakat is obligatory, it becomes due from the time its ripeness appears. Furthermore, the expenses incurred on the fruit until its extraction are the responsibility of the owner, and this is the view of the majority of jurists.
Zakat on olives is taken as oil after pressing if it cannot be stored as whole olives; otherwise, it is taken as whole olives. As for giving half the fruit as wages for labor, it is permissible if there is an agreement and mutual consent.
If the management of an orchard is entrusted to someone to cultivate it, and it is agreed that each of them receives half of the fruit, this is a permissible form of musaqat (sharecropping), and the evidence for its permissibility is the of Khaybar. In this case, the owner of the trees is not obliged to pay zakat on all the fruit; rather, he pays zakat on his share, and the worker pays zakat on his share if it reaches the .
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