good dates, such as the Barni and the Hilbath. If it is said: Why do you not say there is no Zakah in it, because it is not stored, and is therefore like vegetables and the spathe of the male palm (fuhhal)? We reply: Because it is generally stored, and the only reason it is not stored here is because taking it fresh is more beneficial; thus, the Zakah is not dropped from it due to that. Zakah is not obligatory upon it until it reaches a limit that would amount to five wasqs of dates or raisins, except according to the other narration. If the property owner destroys this fruit, the Judge (al-Qadi) says: He is liable for its value, just as if someone other than the property owner destroyed it. According to the view of Abu Bakr: The tithe (ushr) is obligated upon his liability, either as dates or raisins, as is the case for other than this type of fruit. He said: If he does not find dates, there are two opinions: One is that its value is taken from him. The second is that it remains upon his liability, and he is obligated to provide it.

Section: As for the method of outputting, if the property upon which Zakah is due is of one type, he takes from it, whether it is good or inferior, because the right of the poor is obligatory by way of sympathy; they are in the position of partners, and we do not know of any disagreement regarding this. If it is of various types, he takes from each type what pertains to it. This is the opinion of the majority of scholars. Malik and al-Shafi'i said: It is taken from the average quality. Abu al-Khattab said the same, if it is difficult for him to output the Zakah of each type of it. Ibn al-Mundhir said: Others said: The tithe of that is taken from each according to its amount. This is more appropriate, because the poor are in the position of partners, so they should be treated equally in each type of it, and there is no hardship in that, unlike livestock when they are of various types; for outputting the share of each type of them leads to the fragmentation of the obligation, which involves hardship, unlike fruits. This is why it is obligatory to pay in proportion to the excess, and it is not permissible to output the inferior quality, due to His saying, the Almighty: "Do not aim for the wicked (inferior) of it to spend" (al-Baqarah: 267). Abu