This is an act of usurpation (ghasib). Abu Bakr said: I hold this same view. It is possible to reconcile between the two narrations by stating that the excess is credited if the owner intended to expedite [the Zakah], but it is not credited if he did not intend that.

Section: If the owner of the property claims that the estimator (kharris) made a mistake, and what he claims is plausible, his statement is accepted without an oath. If it is not plausible, such as if he claims an error of half [the amount] or the like, it is not accepted from him because it is implausible, thus his falsehood is known. If he says, "No more than such-and-such remained in my possession," his statement is accepted without an oath, because some of it may be lost due to a disaster unknown to us.

Section: The estimator must leave one-third or one-fourth out of the estimation as a concession to the property owners, because they need to consume [from it] themselves and for their guests, and they feed their neighbors, family, friends, and those who ask of them. Furthermore, there are fallen fruits (suta) in the crop, and birds frequent it, and passersby eat from it. If he were to collect the entirety from them, he would harm them. Ishaq held this view, and al-Layth and Abu 'Ubayd said the same. The authority for determining the amount to be left rests with the collector (sa'i) according to his ijtihad (discretionary judgment). If he sees many people eating, he leaves a third; if they are few, he leaves a fourth, based on what Sahl ibn Abi Hathma narrated: the Messenger of Allah, peace and blessings of Allah be upon him, used to say: "When you estimate, take, but leave a third; if you do not leave a third, then leave a fourth." This was narrated by Abu 'Ubayd, Abu Dawud, al-Nasa'i, and al-Tirmidhi. Abu 'Ubayd also narrated with his chain of transmission from Makhul that he said: The Messenger of...