The people of Basra express a strange opinion. They say: It is doubled for them. It has been narrated from Ahmad that they are prohibited from purchasing it. Al-Khallal and his companion chose this view. This is also the position of Malik and his companion. If they purchase it, the 'ushr is doubled upon them, and the khums (one-fifth) is taken from them, because dropping the 'ushr from the produce of this land constitutes harm to the poor and a diminution of their right. Thus, if they expose themselves to that, the 'ushr is doubled upon them, just as if they engaged in trade with their wealth outside their own city, the zakat upon them would be doubled, and half the 'ushr would be taken from them. This is the opinion of the people of Basra and Abu Yusuf. This is also reported from al-Hasan and 'Ubayd Allah ibn al-Hasan al-'Anbari. Muhammad ibn al-Hasan said: The 'ushr remains as it is. Abu Hanifa said: It becomes kharaj land. As for our position, this is land upon which there is no kharaj, so kharaj is not rendered obligatory upon it by selling it, just as if he were to sell it to a Muslim. Furthermore, it is the property of a Muslim in which the right of the poor is owed, so he is not prevented from selling it to a dhimmi, just like grazing livestock. Once a dhimmi owns it, there is no 'ushr upon what is produced from it, because it is zakat, and it is not obligatory upon a dhimmi, similar to the zakat on grazing livestock. What they mentioned is invalidated by [the case of] grazing livestock; for it is valid for a dhimmi to purchase it, and the zakat on it [then] drops. As for what they mentioned regarding the doubling of the 'ushr, it is an arbitrary ruling without a textual basis (nass) or analogy (qiyas).

445- Issue: He said: (Wheat is to be added to barley, and zakat is paid on it when it reaches five camel-loads; likewise legumes, and likewise gold and silver.)

There is another report from Abu 'Abd Allah that they are not added together, and [zakat] is extracted from each type separately when it reaches the minimum threshold (nisab) for zakat. Legumes (qutniyyat), with a kasra on the qaf, is the plural of...