Allah, peace and blessings of Allah be upon him, when sending out the estimators, would say: "Go easy on the people, for in the property there is the 'ariyyah (gift of fruit), the passerby, and the eater." Abu 'Ubayd said: The passerby (al-wati'ah) refers to the travelers, who are named as such because they tread upon the lands of fruits while passing through. The eaters (al-akalah) refer to the owners of the fruits, their households, and those who are attached to them. From this is the hadith of Sahl regarding the property of Sa'd ibn Abi Sa'd, when he said: "Were it not that I found forty trellises in it, I would have estimated it at nine hundred wasqs," and those trellises belonged to these eaters. The 'ariyyah is a palm tree or a group of palm trees whose fruit a person gifts to someone. It has been reported from the Prophet, peace and blessings of Allah be upon him, that he said: "There is no Zakah on the 'araya." Ibn al-Mundhir reported from 'Umar, may Allah be pleased with him, that he said to Sahl ibn Abi Hathma: "When you come to palm trees that a group of people has frequented, leave for them what they consume." The ruling on grapes is the same as the ruling on palm trees. If the estimator does not leave anything for them, they are entitled to consume the equivalent of that, and it shall not be counted against them. This is an explicit ruling (nass); because it is a right of theirs. If the Imam does not send an estimator, and the property owner needs to dispose of the fruit, so he brings an estimator, it is permissible to take based on that estimation. The Qadi mentioned this. And if he performs the estimation himself and takes the equivalent amount, it is permissible, provided he exercises caution not to take more than what he is permitted to take.

Section: Palm trees and grapevines are subject to estimation (khars) due to the report we narrated concerning them. Estimation has not been heard of regarding anything else; therefore, crops [in their stalks] are not estimated. 'Ata' and al-Zuhri held this view.