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I relied on a set of rules that represent the Shari’ah basis in pointing out the opinion that overrules others and in deducting new opinions or quasi-new views. These rules can be summarized in the following: 1. Adopting general texts, unless there is an evidence that restricts them. Many texts in our religion are general in form so that they cover multiple cases as well as individual details and ingredients. This in itself is one of the miracles of this religion that equips it to be the final religion and makes it suit all times and places.
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Fiqh al Zakah (Vol. I), Dr. Yusuf al Qardawi ~( Ummah Global Relief )
Consequently, Qur’anic verses and the Messenger’s sayings should be received and taken as general, except when their scopes are narrowed by another text that is correct, authentic and clear in its meaning. In this case, the restriction comes first. I am not among those who reject clear-cut (muhkam) and authentic (sahih) sayings because they oppose general texts in the Qur’an. On the other hand, I do not share the position of those who quickly accept a restriction coming in the hadith even though the hadith may not be exactly authentic or may not have a clear-cut indication. I do not, for example, subscribe to the position of Imam Abu Hanifah in rejecting the saying that “There is no zakah in date that is below five wasq” in order to preserve the generality of the text “and of the fruits of the earth which we have produced for you”3 and the text “in what is watered by the sky there is one tenth”, because the first saying is correct and agreed upon. The explanation given by Abu Hanifah that the saying deals with date that is kept for trading is a very weak and heavy-handed explanation. For that reason I go along with the opinion of the two disciples of Abu Hanifah and the majority of scholars that there is nisab in the produce of earth, the same as other sorts of wealth.
On the other hand, I fully agree with Abu Hanifah in holding to the generality of the text “and of the fruit of the earth which we have produced for you” and the hadith “in what is watered by the sky there is one tenth” and I do not consider this generality modified, by a saying like “There is no zakah on vegetables” because this is a weak hadith. Of course one can find, a reconciling explanation for this hadith, by interpreting it to mean that: Vegetables cannot be collected in payment of zakah because they are perishable and cannot be stored for for long. But, if zakah is not collected in the form of vegetables, it is still required of their producer on the basis of the generality of these texts.
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