Question & Answer
Family refuse to pay usher on the produce from the land?

Assalamu alaikum. In my vicinity, there is no concept of ushur. Now when I ask my family to hive ushur, they don't become ready for the same. They say that when nobody in our vicinity gives ushur, then why should we? Under this situation, can I calculate the amount of the ushur due on me and pay the same in cash?

Answer:



بسم الله الرحمن الرحيم

We begin with Allah’s blessed name, we praise him and we glorify him, seek his forgiveness and ask him to guide us. Whoever Allah guides, None can lead astray and whoever he misguides, None can guide. There is no power and no strength except from Allah, The most high, the Most great, the most powerful. We bear witness that there is no one worthy of worship but Allah Alone, and we bear witness that Prophet Muhammad (pbuh) is His slave-servant and the seal of His Messengers. We pray for peace and blessings on all the noble messengers and in particular on the last of them all “the blessed prophet Mohammad (pbuh)”

Allah has made zakah obligatory on plants and fruit, for He says:

"O you who believe! Spend of the good things which you have earned, and of that which We bring forth from the earth" [2: 267].

Zakah is called expenditure (nafaqah). Giving the justification for paying zakah on produce, Allah says:

"He it is who produces gardens trellised and untrellised, and the date palm and the crops of diverse flavors, and the olive, and the pomegranate, like and unlike. Eat of the fruit thereof when it produces fruit, and pay its due upon the harvest day" [alAn'am 141].


In his explanation of the word haqq (due) in the preceding 'ayah, Ibn 'Abbas says that by haqq is meant both the obligatory zakah and the 'ushr (tithe or 10%) and the half-tithe( 5%).

Thus usher is paid on the things that are produced like, fruits, crops etc. and we do not have to wait for full year like that of general zakah but this zakah is given immediately after production of crops, fruits etc.

Malik said, "Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out, without waiting for a year, just as a tenth(10%) is taken from a crop at the time it is harvested, without waiting for a year to elapse over it." MALIK MUWATTA[book:17, Hadith: 17.3.8]

If the land is irrigated by rain or natural water channels or if the land is wet due to a near by water channel then we have to pay 10% as zakah. However if land irrigated by the well then we have to pay 5% as zakah.

Narrated Salim bin 'Abdullah from his father: The Prophet said, "On a land irrigated by rain water or by natural water channels or if the land is wet due to a near by water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land)." BUKHARI[vol.:2, book:24, Hadith:560]

Now when I ask my family to hive ushur, they don't become ready for the same.



"He it is who produces gardens trellised and untrellised, and the date palm and the crops of diverse flavors, and the olive, and the pomegranate, like and unlike. Eat of the fruit thereof when it produces fruit, and pay its due upon the harvest day"Quran [6: 141].


Allah has commanded believers to pay zakat(ushr) on the harvest day of produce. If one does not obey the command of Allah then, Allah has chastised those who harvest, without giving away a part of it as charity. Allah mentioned the story of the owners of the garden in quran:

{ (When they swore to pluck the fruits of the (garden) in the morning. Without saying: "If Allah wills." Then there passed by on the (garden) a visitation (fire) from your Lord at night, burning it while they were asleep. So the (garden) became black by the morning, like a pitch dark night (in complete ruins). Then they called out one to another as soon as the morning broke. Saying: "Go to your tilth in the morning, if you would pluck the fruits." So they departed, conversing in secret low tones (saying). "No poor person shall enter upon you into it today." And they went in the morning with strong intention, thinking that they have power (to prevent the poor taking anything of the fruits therefrom). But when they saw the (garden), they said: "Verily, we have gone astray." (Then they said): "Nay! Indeed we are deprived of (the fruits)!" The best among them said: "Did I not tell you, why say you not: `If Allah wills'." They said: "Glory to Our Lord! Verily, we have been wrongdoers.'' Then they turned one against another, blaming. They said: "Woe to us! We have transgressed. We hope that our Lord will give us in exchange a better (garden) than this. Truly, we turn to our Lord." Such is the punishment (in this life), but truly, the punishment of the Hereafter is greater if they but knew.) Quran[68:17-…] }

Dear brother, the responsibility is on your shoulders to inform your family about the command of Allah with hikmah and absolute humbleness.

They say that when nobody in our vicinity gives ushur, then why should we?

Allah has created a system where every one is responsible for the ones own deeds and one will not be accountable for anything what others does.

That no burdened person (with sins) shall bear the burden (sins) of another. Quran [53:38]

And no bearer of burdens will bear the burden of another. And if a heavily laden soul calls [another] to [carry some of] its load, nothing of it will be carried, even if he should be a close relative. You can only warn those who fear their Lord unseen and have established prayer. And whoever purifies himself only purifies himself for [the benefit of] his soul. And to Allah is the [final] destination. Quran [35:18]


Let me explain you through an example; suppose I gave you a hundred dollar, and told you to keep 90 dollars, and distribute the remaining 10 dollars in poor and needy. It is your duty that you fulfill your trust with total and absolute honesty.

If you do exactly what I told you to do, then you will be called alameen, trustworthy.

But if you betray my trust, and eat up whole of 100 dollar, not only would it be considered theft in the sight of the law of the land, but also in the Sight of Allah.

Similarly Allah produces fruits or crops from the land, and commands you to pay its zakat(ushr) on the harvest day, if one follows the command of Allah, one will earn a great reward from the lord of worlds, but if one does not pay the ushr then one will be considered thief in the sight of Allah and the punishment of Allah will befall on him.

Can I calculate the amount of the ushur due on me and pay the same in cash?

There is absolutely no harm if one wishes to pay ones usher in cash. And Allah alone knows the best.

I ask Allah to make this a sincere effort, seeking his pleasure, and I ask him to grant us refuge in him from the evils within ourselves, and that in our deeds. I ask him to grant us success in achieving whatever pleases him; And May Allah Shower His blessings and mercy upon our beloved Prophet Muhammad (pbuh), his family and his Companions and on all those who follow him until the final hour.

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