It came in p. 97, at the end of the third line in the book of the Draft Constitution, Volume II the following text: "As regards the words of Allah, The Almighty: (And give its due right on its day of harvest), Al-An'aam, verse 141. Zakat did not come in this verse for it is revealed in Makkah, while the Zakat was enacted in the Madinah; and that is why it mentioned the Pomegranate which there is no zakat of one tenth on it... "
The book of Funds mentioned in p. 161, first line after the title: "Zakat on crops and fruits is obliged by the Qur'an and Sunnah; as for the Qur'an it is by His (swt) saying: "And give its due right on its day of harvest", Al-An'aam, verse 141.
The question is how we use the verse as evidence for the obligation of the Zakat, though we say that the verse does not include Zakat, as it came in the Draft Constitution. In other words, how we make it evidence for obliging zakat upon crops and fruits? Should not we publish correction about it?
What is stated in the Draft is more detailed than that which is mentioned in the Funds; and they however conform to each other:
The verse of "And give its due right on its day of harvest" is not valid to use to infer the Zakat in generality, i.e. to say there is zakat in all of crops, because it is a Makkiyyah verse, where the Zakat has not been enacted then.
However, there are others who use it as evidence, but not general in every crop, rather it is used as mentioned in the Draft Constitution:
A - Regarding that which is cropped,
B - And that it is summed (mujmal) that needs elaboration.
Accordingly, it was stated in the Draft: "If we assumed they fall within the zakat, then this applies on that which is harvested, because the pomegranate is not harvested, thus it came in summed (mujmal) form, and the ahadith came to mention that zakat is taken from the harvested crops, which are the wheat and barley. The ahadith added other two types, which are of dates and raisins. In any case, as long as the verse has been revealed in Makkah, where the Zakat was not enacted yet, then this is sufficient to reject its use as evidence. "
In other words, it is not used as evidence for the Zakat on all crops, because the context of the text lacks its use for reasoning the Zakat of all crops; but it can be referred to in that which is harvested, and that it is of summed (mujmal) form where the ahadith elaborated it.
As for the Funds, it was mentioned as summed (mujmal), like quoting the summed (mujmal) hadith in Zakat "Tenths (Zakat) are taken from what is irrigated by rivers and rain ...". The summed evidences are not alone enough, because they need elaboration (bayaan); and their elaboration comes in the ahadith that made zakat only from wheat, barley, dates, raisins, and they have to reach a certain amount (nisaab) ... etc..
Thus, it is not allowed to use as evidence that which is summed (mujmal) unless followed by elaboration (bayaan). Therefore, they were mentioned in the Funds as summed, and then they were followed by the elaborating ahadith. So, it said in the Funds:
"Zakat of crops and fruits are obliged by Qur'an and Sunnah. As for the Qur'an, it is His (swt) saying "And give its due right on its day of harvest", [Al-An'aam, 141].As for the Sunnah it is the saying of the Prophet, peace be upon him: "There is no Zakat in less than of five wasaqs", agreed upon it ...End quote.
After all, had it been explained in the Funds as it were in the Draft it would have been better ... However, I do not see a need for its correction, on condition that it is understood as detailed in the Draft.
4th Rabee' II 1432