Fiqh Al Zakah by Dr. Yusuf al Qardawi

Section 1: Zakah on honey according to those who obligate it and those who do not.

Section 2: The obligated rate.

Section 3: Nisab of honey.

Section 4: Animal products such as dairy products, silk, etc.

Honey is one of the goods bestowed by God on humanity as a food, medicine, and sweet. God mentions it as a sign of His grace to human beings in a sura that is named after bees, sura al Nahl. God says "And thy Lord taught the bee to build its cells in hills, on trees, and in people's habitation, then to eat of all the produce (of the earth) and find with skill the spacious paths of its Lord: There issues from within their bodies a drink of varying colors, wherein is healing for men; verily in this is a Sign for those who give thought."1

Abu Hanifah and his disciples say that zakah is obligated on honey, provided that the beehives are not located on kharaji land. This is an extension of their principle that kharaj and 'ushr are not concurrent. Zakah is also obligated on honey produced on nonarable land, which is by implication non-zakatable.2 This is also the opinion of Ahmad.

Al Athram says Ahmad was asked whether he believes that honey is zakatable, and answered. "Yes indeed; 'Umar collected zakah on honey." A1 Athram then asked whether honey growers contribute the amount of zakah voluntarily. Ahmad answered, "No, it was imposed on them."3

This view is shared by Makhul, al Zuhri, Sulaiman bin Musa, al Awza'i, and Ishaq.4 The authorof al Bahr also attributes it to 'Umar, Ibn 'Abbas, 'Umar bin 'Abd al Aziz, al Hadi, al Mu'ayad bi Allaah, and a narration to al Shafi'i. Al Tirmidhi mentions that most scholars accept this view. This is challenged by Ibn 'Abd al Barr, who asserts the opposite is true.5

This opinion is supported by two groups of evidence: reports from the Prophet and the Companions, and rationale and analogy. Firstly, the texts:

A. 'Amr bin Shu'aib, from his father from his grandfather, narrates that the Prophet (p)

"collected the one-tenth due from honey." Reported by Ibn Majah. Al Daraqutni says "This is narrated from 'Abd al Rahman bin al Harith and Ibn Lahi'ah from 'Amr as linked to the Prophet, and from Yahya bin Sa'id al Ansari from 'Amr as mursal." Al Hafiz notes that this is the problem with this saying, especially since 'Abd al Rahman and Ibn Lahi'ah are not known as accurate. It is noted that 'Amr bin al Harith, who is trustworthy, and Usamah bin Zaid also narrate the same from 'Amr bin Shu'aib, as reported by Ibn Majah and others.6

Abu Daud and Al Nasa'i report that Hilal, from Bani Mat'an, used to pay the Prophet (p)

the one-tenth due on the beehives be had, and had the Prophet protect a valley known as Salabah for him. When 'Umar became the head of state, Sufian bin Wahb wrote him about this. 'Umar replied, "As long as Hilal gives you that which he was giving the Messenger of God, the one-tenth due on his honey, then keep protecting Salabah for him. If he does not, then what is in that valley is for everybody." Al Hafiz in al Fath says the chain of this saying is correct up to 'Amr bin Shu'aib. 'Amr's record is strong, at least when he is not opposed by stronger narrators.7

B. It is reported from Sulaiman bin Musa that Abu Sayarah al Muta'i told the Messenger of God "'I have bees.' The Prophet answered, 'Pay the one-tenth due.' I said, O Messenger of God, reserve for me its mountain." The Prophet then protected that mountain for me." Reported by Ahmad and Ibn Majah.8

C. Al Baihaqi reports from Sa'd bin Abi Dhubab, "The Prophet (p) employed him (for collecting zakah) on his clan. He ordered people to pay the one-tenth due on honey, then brought it to 'Umar, who sold the honey and added its value to the zakah funds of Muslims." In the chain of this saying there is Munir bin 'Abd Allah, who is graded weak by al Bukhari and others. In another version, Sa'd tells his clan "There is no good in wealth that is not zakated.'' He continues, "I took out of each ten containers one container and brought it to 'Umar, who put it with the zakah funds of Muslims." This version is reported by Sa'id in his Sunan.10 Al Athram reports from him that 'Umar commanded him to collect ten percent from honey.11

D. Al Tirmidhi reports from Ibn 'Umar that the Messenger of God (p) said, "On honey, one out of each ten jars is obligated." However, in its chain there is Sadaqah al Samin, who had a weak memory and is disagreed with.

Although all these sayings and stories are not free from critics, they support each other, indicating that there is substance to the ruling on honey. Ibn al Qayyim comments, "Ahmad and his group believe that honey is zakatable on the basis that these sayings strengthen each other because they have different sources and chains. Abu Hatim al Razi was asked about the narration of 'Abd Allah, Munir's father, from Sa'd bin Abi Dhubab, and answered that it was correct."12

Secondly, the rationale:

The zakatability of honey is further supported by reasoning and analogy. Since honey is derived from flowers, is not perishable, can be measured, and its cost is very low, it must be zakatable like grains and dates.13 Abu Hanifah believes that honey on 'ushri land is zakatable, in contrast to honey produced on kharaji land. This is based on his opinion that the output of kharaji land is not zakatable. Ahmad makes no such distinction.14

Malik, al Shafi'i, Ibn Abi Laila, al Hasan bin Abi Salih, and Ibn al Mundhir believe that honey is not zakatable, based on the lack of any strong saying or ijma' on the matter, and the similarity between honey and milk, which is unanimously not zakatable.

Abu 'Ubaid seems to have taken a position in the middle. After mentioning the two opinions, he comments, "It seems preferable that producers of honey be encouraged to pay zakah, because they may be sinning if they do not pay it. But they should not be obligated to do so, and those who prevent zakah on honey must not be fought the way the preventors of other zakah can be fought. There is no correct tradition from the Messenger on this subject, nor is honey mentioned in his written ordinances on zakah. If zakah on honey was like other forms of zakah, we would have some text that documents its conditions, minimum exemption, and the date of collection. Accepting its payment, as 'Umar did when zakah of honey was brought to him, is another issue. The state must accept this zakah when paid by producers."16

My personal conclusion is that honey, like any other crop, is produced for profit and must therefore be zakatable. This is based on the following:

A. The general texts do not make a distinction between one sort of wealth and the other, such as the verses "Out of their wealth take zakah," "Spend out of the good things you have earned and out of what We have produced for you from the earth," and "Spend out of what We have given you as subsistence," etc.

B. There is an analogy to grains and fruits that are zakatable. The output of farming is like the output of the beehives, and must be treated equally.

C. The sayings and stories that deal with honey in specific, which, although they are criticized, support each other, as stated by Ibn al Qayim. That is perhaps why al Tirmidhi does not negate their authenticity but says, "Nothing of importance is authentically reported from the Prophet on this issue."17 This statement implies that small things may have been reported. Al Tirmirdhi continues, "But this is the view of most scholars."18

Al Shawkani, in al Dur al Bahiyah, selects the view that honey is zakatable, saying, "A one-tenth due is obligated on honey." In his commentary, Siddiq Hasan Khan supports this view, noting that "the sayings, taken together, do not fall short of substantiating the zakatability."19 The argument that honey, being a liquid produced by animals, is not zakatable by analogy to milk, is refuted on the basis that milk is in principle zakatable through zakah paid on livestock, while bees are not charged anything, so the similarity requires that honey be zakated.20

All those who obligate zakah on honey agree that the ratio is ten percent, based on the texts reported on the issue and in analogy to fruits and grains.21 As for consideration of production costs, Abu 'Ubaid reports that 'Umar said honey produced in valleys and plains is zakatable at ten percent, while honey produced in mountains is zakatable at five percent.22 This is apparently in consideration of production costs. Al Nasir from Ahl al Bait disagrees, arguing that the rate must be one-fifth, as in the case of fai' because honey is not measurable, nor does it come from the earth.23 He is answered that honey is similar to fruits, because like fruits, 'it came from trees' (the hector). Moreover, onetenth is indicated by the texts.24 I think ten percent should be the rate, but it must apply to the net income from honey after deduction of production costs, as with grains and fruits.

We have no reports about the nisab of honey, so people differ on it. Abu Hanifah argues that there is no nisab, as with grains and fruits.25 Abu Yusuf considers nisab to be the value of five wasq of the cheapest grain, such as barley, in accordance with his view of considering the value of the lowest measurable nisab applicable to products that are not measurable. There is also a report from him that nisab is ten ratl.25 There are several narrations from Muhammad which set nisab at five faraq, five man, or five qurbah, following his rule of using five units usually used for items not mentioned in sayings.

One faraq is thirty-six ratl, one man is two ratl, and one qurbah is one hundred ratl.

There is also a report from Ahmad that nisab is ten faraq, attributed to 'Umar. It is reported from Ahmad that one faraq is sixteen ratl.

My personal opinion is to estimate the value of five wasq of an average grain, such as wheat, since it is kind of an average universal food. The Prophet made five wasq nisab in grain and fruits, and honey must be treated by analogy. It is by analogy that the rate is determined at one-tenth, so why not determine nisab on the same basis of value, especially since considering the value of the lowest grain is not fair to zakah payers?

Today many industries revolve around animal products like milk, silk, eggs, and meat.

Most of these were not large-scale businesses in the time of the Prophet, the Companions, and the great scholars. The result is that we have no reports about these products. One can derive an answer to the question of the zakatability of these products from the reasons cited by jurists to establish zakah on honey and to exempt the milk of pastured animals from zakah. The main reason cited is that the source of milk, livestock, is zakatable, while the source of honey is not. This implies that all products whose sources are not zakatable are themselves zakatable. Therefore, milk and other products of non-zakatable fed livestock are zakatable, like honey. Each of these is an animal product where the animal is not zakatable.

I believe that animal products must be zakated at ten percent of the net output unless the animals themselves are considered trade assets. The rule is that anything whose source is not zakatable must be zakated as an output, like crops with respect to land, honey with respect to bees, dairy products with respect to livestock, eggs with respect to poultry, and silk with respect to the silkworm. This is the opinion of Yahya, a Shi'ite, who obligates zakah on silk.26

Some jurists treat non-pastured animals used for their products and reproduction like trade assets and obligate a one-fourth of one-tenth due on both the principal and growth.

This is reported from some Zaidi jurists such as al Hadi, al Mu'ayad, and others. A person who buys a horse for breeding or a cow for its products is treated as a merchant and zakated the zakah on trade assets.27 This is not restricted to producing animals, but to any asset that is used for business, such as houses and buildings owned for the purpose or renting. This issue will be discussed in detail in chapter eight of this part.