Dawud (37). Their saying: "It is mere speculation." We say: Rather, it is ijtihad (legal reasoning) in determining the quantity and ripeness of the fruit through estimation (khars), which is a type of measure and standard; thus, it is like the valuation of destroyed goods. The time for estimation is when the fruit begins to show signs of viability (38), based on the statement of 'Aisha (may Allah be pleased with her): The Prophet (peace be upon him) used to send 'Abd Allah ibn Rawahah to them, and he would estimate their palm trees when they ripened, before any of it was consumed. And because the benefit of estimation is to know the Zakah and to allow the owners of the fruits the freedom to dispose of them, and the need for that only arises when the fruit shows signs of viability, at which point the Zakah becomes mandatory (40).

Section: One estimator (kharis) is sufficient, because the Prophet (peace be upon him) used to send Ibn Rawahah to estimate, and he did not mention anyone else with him. Furthermore, the estimator performs what his ijtihad leads him to; thus, he is like the judge and the qayif (expert in identifying lineage). It is required for the estimator to be trustworthy and beyond suspicion.

Section: The method of estimation differs according to the type of fruit (41). If it is of a single variety, he circles each palm or tree and looks at the total amount, whether as fresh dates or grapes, then estimates what it would yield (42) as dried dates or raisins. If it consists of various varieties, he estimates each variety separately, because varieties differ; some have more fresh fruit and less dried, while others are the opposite, and the same applies to grapes. Also, he needs to know the quantity of each variety to correctly dispense its tithe. When he has estimated