5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

to Imâm-i-a’zam and Imâm-i-Zufer, becomes fard when they
have been formed on the stem and while they are still secure
from rotting off. Even if they are not ready for reaping, the ’ushr
should be given when they are ripe enough to utilize, to eat.
According to Imâm-i-Abû Yûsuf, when they ripen it becomes
fard (to give the ’ushr for them) before the harvest. And
according to Imâm-i-Muhammad it becomes fard after the
harvest, that is, after all of them have been reaped and
gathered. It is permissible to pick some off their stems and eat
them or to give them to someone else to eat before the harvest.
But according to Imâm-i-a’zam their ’ushr also has to be given
later, which is not necessary according to the two imâms. But
they are included in the calculation, which is done to see if the
produce is (at least) the amount of five wesks. If one picks them
off after they have ripened, their ’ushr is still not necessary
according to Imâm-i-Muhammad. After the completion of the
harvest, the ’ushr of wasted or stolen amount is not to be
given.” The poor should calculate and give their ’ushr according
to the two imâms. Those who are rich should give it according
to Imâm-i-a’zam.
It is written on the two hundred and twenty-fifth page of the
book Imâd-ul-Islâm, “Whether from a cultivated field or from an
orchard or vineyard, it is harâm to eat the produce before giving
one-tenth of it to poor Muslims. If one measures the quantity
one has taken out and eaten and then calculates and gives the
’ushr of what one has eaten, then what one has eaten becomes
halâl.
If a person who has gathered ten bushels of wheat does not
give one bushel (36 1/2 kg) of it to a poor Muslim, not only that
one bushel but also all of the ten bushels will be harâm. If a
person tills someone else’s land and obtains crops without the
latter’s consent, of the produce he gets only the amount equal
to his expense and capital becomes halâl for him, and the rest
is harâm; he has to give the rest to the poor as alms.”
According to Imâm-i-Yûsuf and Imâm-i-Muhammad, to give
the ’ushr, the produce obtained from the land has to be of the
kind and quality that will last one year and its amount has to be
more than five wesks. One wesk means a camel-load, which is
a volume of sixty sa’. Sixty sa’ is two hundred and fifty litres.
Accordingly, the two imâms state that the nisâb of ’ushr is
twelve hundred and fifty litres. But the fatwâ has been given
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