If one has a garden in which vegetables and fruits are grown for his own purpose, is he required to pay 'ushr on its harvest?
Praise be to Allaah.
Zakaat is not required on vegetables or fruits, because they are not measured or stored. Zakaat is, however, required on fruits that are measured and stored, such as dates, raisins, almonds, pistachios, But if they are not measured and are not stored – such as pomegranates, figs, peaches, melons and other fruits, and tomatoes, cucumbers and other vegetables – there is no zakaat due for them, because if they are stored they will be spoiled.
It was reported from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaat due on grains or dates unless they reach the amount of five awsuq.” Narrated by al-Bukhaari, Muslim and others. This is if they are measurable, so it is more appropriate that no zakaat should be paid on things that are not measured at all.
It was reported from ‘Ali ibn Abi Taalib in a marfoo’ report – and some said it was mawqoof – “There is no zakaat due on vegetables.”
Moreover, neither the Prophet (peace and blessings of Allaah be upon him) nor his successors (al-Khulafaa’ al-Raashidoon) collected zakaah for fruits and vegetables. Although they were grown in their regions, there was no zakaah paid on them. This indicates that there is no zakaah to be paid for these things.
And your garden is for your own personal use, not for business purposes, so it is definite that there is no zakaat required for the produce of this garden. But if it is for business purposes, and you keep the profit from it for one complete year, in this case you would have to pay zakaah on the money which you have had for one complete year. And Allaah knows best.