and paying its zakat falls to the donor, if he calls it an ʿariyyah, according to Ibn al-Qāsim. If he does not call it an ʿariyyah, but merely says, “I give you the fruit,” the specific concession does not apply, and watering it and paying its zakat fall to the recipient. Ibn Habīb held that giving fruit while it is still on the trees constitutes an ʿariyyah, whether it is called an ʿariyyah or a gift: the specific concession applies, and zakat and watering fall to the donor in either case.
Sahnūn related in al-Mudawwanah that Mālik’s senior companions made no distinction between an ʿariyyah and a gift regarding watering and zakat. He means that, even if they distinguished between the two regarding the reported concession, they made no distinction regarding watering and zakat: these fall to the recipient of the ʿariyyah or gift. Ibn al-Mawwāz reported that they did not disagree about watering the ʿariyyah, holding that it falls to its recipient; they disagreed only about its zakat. Ashhab said: “It falls to the recipient, as with a gift, unless the ʿariyyah is granted after the fruit begins to ripen.” He also said: “As for the report from Mālik that it falls to the orchard’s owner, that was merely an opinion he ventured.”
The correct position is that disagreement also extends to watering, as we have mentioned. Muhammad ibn al-Mawwāz frequently does this: he denies disagreement where it exists. Sahnūn says that if the ʿariyyah remains in the donor’s hands, and he waters and tends it, its zakat falls to him; if it is in the recipient’s hands, and he waters and tends it, its zakat falls to him.
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The distinction between a gift and an ʿariyyah, according to those who distinguish between them, is that an ʿariyyah is intended to provide support through the fruit, rather than to single out its particular recipient. This accords with the practice of the Companions, may Allah be pleased with them, who shared the fruit of their orchards with those who had no orchard. Thus, it is as though the fruit remains the donor’s property until it ripens, and he must water it and pay its zakat. The recipient becomes entitled to it only when it ripens, even if he took possession of it earlier, since the gift was not intended specifically for him. An ordinary gift, by contrast, is intended specifically for its recipient; it therefore leaves the donor’s ownership and becomes the recipient’s property upon his taking possession.
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An ʿariyyah is a kind of gift. If the donor calls it an ʿariyyah, it is understood that he intends to provide support, rather than to single out