The purpose of estimation (khars) was merely to frighten the sharecroppers (30) so they would not betray, but as for a legal ruling being established by it, it is not so. Our evidence is what al-Zuhri narrated from Sa'id ibn al-Musayyib, from 'Attab ibn Asid, that the Prophet (peace be upon him) used to send someone to the people to estimate their vineyards and fruits. It was narrated by Abu Dawud, Ibn Majah, and al-Tirmidhi (31). In another wording from 'Attab, he said: The Messenger of Allah (peace be upon him) commanded that grapes be estimated just as palm trees are estimated, and that their Zakah be collected as raisins, just as the Zakah of palm trees is collected as dates (32). The Prophet (peace be upon him) acted upon this, for he estimated a garden belonging to a woman in Wadi al-Qura (33). It was narrated by Imam Ahmad in his "Musnad" (34). Abu Bakr and the caliphs after him also acted upon it (35). 'Aisha said, while mentioning the affair of Khaybar: The Prophet (peace be upon him) used to send 'Abd Allah ibn Rawahah to the Jews, and he would estimate their palm trees when they ripened, before any of it was consumed (36). It was narrated by Abu
(30) Al-akara: the tillers/sharecroppers. (31) Narrated by Ibn Majah in: The Chapter on the Estimation of Palm Trees and Grapes, from the Book of Zakah. Sunan Ibn Majah 1/582. Al-Tirmidhi in: The Chapter on What Has Been Reported Regarding Estimation, from the Chapters of Zakah. 'Aridat al-Ahwadhi 3/142. It was also narrated by al-Daraqutni in: The Chapter on the Amount of Charity on What the Earth Produces, from the Book of Zakah. Sunan al-Daraqutni 2/133. (32) Narrated by Abu Dawud in: The Chapter on the Estimation of Grapes, from the Book of Zakah. Sunan Abi Dawud 1/371. Al-Tirmidhi in: The Chapter on What Has Been Reported Regarding Estimation, from the Chapters of Zakah. 'Aridat al-Ahwadhi 3/143. Al-Nasa'i in: The Chapter on Buying Charity, from the Book of Zakah. Al-Mujtaba 5/82. Al-Daraqutni in: The Chapter on the Amount of Charity on What the Earth Produces, from the Book of Zakah. Sunan al-Daraqutni 2/132, 133. (33) Wadi al-Qura: Located between Medina and Syria, from the districts of Medina, containing many villages. Mu'jam al-Buldan 4/878. (34) Al-Musnad 5/424. It was also narrated by al-Bukhari in: The Chapter on the Estimation of Dates, from the Book of Zakah. Sahih al-Bukhari 2/155. Muslim in: The Chapter on the Miracles of the Prophet (peace be upon him), from the Book of Virtues. Sahih Muslim 4/1785. Abu Dawud in: The Chapter on Reviving Dead Land, from the Book of Kharaj, Fay', and Governance. Sunan Abi Dawud 2/159. (35) In (A) and (M): "after him and the caliphs". (36) In (A) and (M), there is an addition: "Agreed upon (Muttafaq 'alayh)". However, the two Shaykhs (al-Bukhari and Muslim) did not narrate it. See: Tuhfat al-Ashraf 12/118, Jami' al-Usul by Ibn al-Athir 4/116, al-Fath al-Rabbani 9/12.
