Kharṣ (estimating the fruit for zakat)

الخرص (تقدير الثمار)

Kharṣ is lexically speaking by guesswork, and can mean a lie, and the estimate of the fruit on palms and vines, as dried dates or raisins; the technical sense agrees. Guessing, conjecture and inquiry are close to it. ¹ The Malikis, Shafiis and Hanbalis hold that the Imam should send his agent to estimate the fruit on the palm and vine once it is ripe, so that the zakat threshold and due amount are known; they cite the report of Attab ibn Asid that grapes are estimated as palms are. ¹ The time is when the fruit ripens, on the report of Aisha that Abdullah ibn Rawaha was sent to the Jews of Khaybar. ² Most jurists limit estimating to palms and vines, not grain on the stalk or olives; one Maliki view allows olives when the owners need it, and al-Zuhri, al-Awza'i and al-Layth estimate olives. ² The Shafiis forbid disposal of the fruit before estimating or guarantee, since the poor have a claim on it; the Hanbalis allow disposal before and after, the zakat falling on the seller. ³ One estimator suffices by agreement among those who allow it; one Shafii view requires several; he must be trustworthy, just and knowledgeable, and for the Shafiis (the sounder view) male and free. ³ The estimator views the trees and judges how much will become dried dates or raisins; if there are several kinds, each is estimated apart. ³ The Hanbalis require leaving a third or a quarter to the owner for his household and guests; the Shafiis leave the fruit of a palm or two; the Malikis and the preferred Shafii view leave nothing, reading the report as about zakat. ⁴ Most jurists hold that after estimation the poor's claim moves from the fruit to the owner's liability, so he may dispose of it; the Shafiis require the agent's guarantee and the owner's acceptance, and one view holds the claim ends by the estimate alone. ⁴⁵ If the estimated fruit perishes without the owner's neglect before zakat is paid, nothing is owed if he could not pay; if he delayed without excuse he owes the poor's share. If the owner claims loss without fault, his word is accepted without oath (Malik, Ahmad); the Shafiis have him swear for a hidden cause. ⁵ The Malikis and the preferred Shafii view allow dividing the fruit on the palms by estimate once it ripens and may be sold, when the partners' needs differ, for the need and the ease of estimating. ⁶ Sale by guesswork, without measure or weight, on sight and estimate, is lawful by agreement. ⁶