thumam (29), and qatt, which is the seed of the saltwort (ushnan), which, when it matures and reaches the end of its ripeness, acquires a bitterness (30) and saltiness, and similar things. Ibn Hamid mentioned this because it is only owned by seizing it, and the obligation of Zakah upon it only occurs when its ripeness becomes apparent; at that stage, it was not owned by him, so the obligation does not attach to it, like the grain that a gleaner gathers from the wheat stalks, for there is no Zakah upon it. Ahmad explicitly stated this. The Qadi mentioned regarding permitted (mubah) things that there is Zakah on them if they grow on his land; he perhaps based this [upon the idea] (31) that what grows of fodder on his land becomes his property, but the correct view is the opposite. As for that which grows on his land that is typically cultivated by people, such as if a grain of wheat or barley falls onto a person's land and grows, then there is Zakah on it because he owns it. If one were to purchase crops after their ripeness became apparent, or fruit whose (32) ripeness had become apparent, or if he acquired it through any means of ownership, Zakah would not be obligatory upon it, for the reasons we have mentioned.
Section: Zakah is not obligatory on that which is neither grain nor fruit, whether it is measurable and storable or not. Thus, there is no Zakah on leaves, such as the leaves of the lotus (sidr), hollyhock (khatmi) (33), saltwort (ushnan), thyme (sa'tar) (34), myrtle (as) (35), and the like; because it is not explicitly mentioned [in the texts], nor is it equivalent to what is mentioned. The implication of his statement, peace be upon him: "There is no Zakah on grain or fruit [until it reaches five wasqs] (36)" is that Zakah is not obligatory on anything other than them. Ibn Aqil said: "There is no Zakah on the fruit of the lotus tree, so its leaves are even more deserving of exemption." Furthermore, since Zakah is not obligatory on permitted (mubah) grain, it is even less so on leaves. There is no Zakah on...
(29) Thumam: From the grass family, it grows tall and its branches are dense and clustered. (30) In [A], [B], and [M]: "marara" (bitterness). (31) In [A], [B], and [M]: "hadha 'ala" (this is based on). (32) Omitted from: [A], [M]. (33) Khatmi: A plant whose leaves are crushed while dry and used as a wash for the head to cleanse it. (34) Sa'tar: It is written as "sa'tar" with the letter sin; it is a plant that, if spread in a place, repels vermin. (35) As: An evergreen aromatic tree; its fruits are dried and used as a spice. (36) Omitted from the original. The citation of the Hadith was provided earlier on page 157. (37) Omitted from: [A], [M].
