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Who will pay the Ushur of the land?

Answered as per Hanafi Fiqh by Jamia Binoria

Assalamu Alaikum
I would like to know that if Aslam has taken the land from the owner Amjad on contract (rent), who will pay the Ushur of the land? The owner of the land or the one who does cultivation on it? If the cultivator pays then how much? Ex. The cultivator gives 50000 as rent for the land and another 50000 on seeds and fertilizer etc. while at the end of the year he sells his harvest for 150000. Now the Ushr has to be paid on 150000 or on his profit? As 2500 comes from 100000 as Zakat of 2.5% what will be the % on Ushr? Or how much to be paid on 100000? Note: Land is not cultivated with rain water. May Allah reward you.

الجواب حامدا و مصلیا

In this circumstance it is incumbent upon Aslam to pay half tenth of the total harvest i.e. one out of twenty or five out of hundred as Ushr. After paying this amount he would pay the contractor’s amount or any other expenses.

This Q&A was indexed from the official english fatwa portal of Jamia Binoria. It is an Islamic educational institute in Karachi, Pakistan.

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