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Tithes and Tributes

Take a portion of the cultivation in exchange for water from a tube well

الاستفتاء

Can one take a portion of the cultivation in exchange for water from a tube well?
I have a tube well. I supply water to nearby land owners. In exchange for this, I take a portion of their cultivation. Half of it is for the land owner and half is for the owner of the tube well. I also pay for half the price of seeds, fertilizers etc. Is Zakat or ‘Ushr due upon the income from the tube well?

الجواب حامدا و مصلیا

The mentioned procedure is not correct. However, it will be permissible if the questioner stipulates a fixed fee for supplying water to the land owners. Furthermore, half of the value of ‘Ushr is due upon the cultivation that has been watered by a tube well.