the Messenger of Allah (peace and blessings of Allah be upon him) dealt with the people of Khaybar for a portion of what is produced from it, whether crops or fruit. This is general for all fruit, and there is hardly any town with trees that is devoid of trees other than date palms. It has come in the wording of some reports that the Prophet (peace and blessings of Allah be upon him) dealt with the people of Khaybar for a portion of what is produced from date palms and trees. Furthermore, because it is a tree that bears fruit every year, it resembles date palms and grapevines. Also, the need exists for musaqat on it just as for date palms, and even more so due to its abundance, so musaqat is permissible for it just as it is for date palms. The obligation of zakat is not the legal cause (illah) that permits musaqat, nor does it have any effect upon it; rather, the legal cause is what we have mentioned.

Section: As for trees that have no fruit, such as willow, walnut, and the like, or those that have fruit that is not intended [for consumption or use], such as pine and cedar, musaqat is not permissible for them. This is the opinion of Malik and al-Shafi'i, and we know of no disagreement regarding this. This is because there is no text regarding them, nor are they within the meaning of the text. Furthermore, musaqat is only [valid] with a portion of the fruit, and these have no fruit. However, if it is from that whose leaves or flowers are intended, such as mulberry and roses, then analogy necessitates the permissibility of musaqat for them because they are in the meaning of fruit, due to them being a yield that repeats every year, and it is possible to harvest them and engage in musaqat for a portion of them; thus, the same ruling as that [of fruit] applies to them.

Section: If he engages in musaqat for existing fruit, Abu al-Khattab mentions two narrations regarding it. The first is that it is permissible. This is the choice of Abu Bakr and the opinion(11) of Malik, Abu Yusuf, Muhammad, and Abu