if we say that whatever grows on his land from freely available things becomes his property, then zakah is due on it if he takes possession of it after it has fully developed.

But if we say that he does not own it—and this is the correct view—then no zakah is due on what he gathers from it, because at the time zakah becomes obligatory it is not his property. We have deemed it correct that it is not his property because of the Prophet’s saying, “People share jointly in three things: water, pasture, and fire” (1). This is part of the pasture.

In summary, zakah is due on every measurable and storable grain and fruit, whether it is a staple food or not. Two conditions are required for this:

First: reaching the nisab.

Second: that it be owned by him at the time zakah becomes obligatory.

Issue: Is it a condition that grain and fruit be staple food?

The established position in the school is that this is not a condition. So long as it is measurable and storable, zakah is due on it.

The second view is that it must be staple food.

However, the apparent general meaning of the Messenger’s statement, “No charity is due on less than five wasqs” (2), includes both staple foods and non-staple foods.