individually specified beneficiaries, there are three positions concerning it. The first is that it is likewise assessed for zakat as the donor’s property. This is Sahnūn’s position. According to him, zakat may be taken from the donated fruit only after the donor swears that he did not intend to bear the zakat from his own wealth. The second is that it is assessed as the property of the recipients of the gift, charity or ʿariyya (a gift of the fruit of specified trees). Any recipient whose share reaches the minimum threshold for zakat must pay zakat, while anyone whose share falls below that threshold is not liable. The third distinguishes gifts and charity from an ʿariyya: gifts and charity are assessed as the recipients’ property, whereas zakat on an ʿariyya is payable by the donor from his own wealth, not from the donated fruit. It has also been said that zakat is taken from the fruit given as an ʿariyya, but assessed as the donor’s property, not the recipient’s. Thus, if he gives a group five wasqs, or less than five wasqs while retaining enough to bring the total to five wasqs, zakat is taken from the donated fruit.
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Accordingly, there are two positions concerning zakat on an ʿariyya. The first is that the donor must pay it from his own wealth. The second is that it is due only from the fruit given as an ʿariyya. If we adopt the latter position, is it taken from that fruit as the donor’s property or as the recipients’ property? There are two positions on this. Allah alone grants success.
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On the permissibility of paying zakat from one’s wealth before a year has elapsed, and related questions concerning liability for zakat on wealth lost shortly or long before or after the year has elapsed
There are two positions concerning someone who pays zakat on his wealth before a year has elapsed. The first is that this does not discharge his obligation. This is Ashhab’s report from Mālik. The second is that it does discharge his obligation if paid shortly before the year ends.
There are four positions on what constitutes ‘shortly before’. The first is one or two days, or thereabouts; this is Ibn al-Mawwāz’s position. The second is ten days or thereabouts; this is Ibn Habīb’s position in al-Wādiha. The third is a month or thereabouts; this is ʿĪsā’s report from Ibn al-Qāsim. The fourth is two months or less; this is Ibn Ziyād’s report from Mālik.