The term rikaz is etymologically derived from rakaza, the
perfect tense of the verb yarkuzu (the imperfect root). It
means 'to be hidden.' Allah, the Exalted One, says: "Or
hear from them the slightest sound" [Maryam 98]--that is,
rikz means a slight sound.
In the present context, this refers to what was buried at
the time of jahiliyyah (the pre-Islamic period). Malik and
many other scholars are of the opinion that rikaz means
objects buried before the Arabs embraced Islam and which were
dug up without any expensive effort or money. If these
conditions cannot be met, then it is not considered rikaz. Abu
Hanifah holds that it is a name of an entity hidden either by
the Creator or by the created one (man).
The term ma'din (minerals) is derived from the verb 'adana
(to reside), as in the phrase "'adana fi almakan,"
which means 'someone resided in some place.' Allah, the
Exalted One, says: "Allah has promised to the believing
men and believing women gardens of Eden" [at-Taubah 72]
since it is an abode for eternity.
Scholars differ about minerals (ma'din) which are subject
to zakah. Ahmad holds that everything dug from the ground,
whether created in it or buried by man, and which has a value
(such as gold, silver, iron, copper, lead, sapphires,
chrysolite, emeralds, turquoise, crystal, agate, kohl
(antimony sulfide), arsenic, tar, petroleum, sulphur, zaj) are
subject to zakah. He, however, made it a condition that the
extracted mineral should attain a nisab either by itself or by
its value. Abu Hanifah is of the opinion that zakah is payable
on any mineral that can receive an imprint or melt by fire,
such as gold, silver, iron, or copper. As for liquids such as
tar, or a solid mineral which cannot be melted by fire such as
rubies, there is no zakah on them. In the former case, the
admissibility of nisab is not a prior condition. Whether large
or small in amount, a fifth will be taken as zakah.
Malik and ash-Shaf'i hold that both gold and silver qualify
for zakah. Like Ahmad, they insist that the gold should weigh
at least twenty mithqal (a weight equal to 4.68 g.) and the
silver at least 200 dirhams. They agree (with the Hanafiyyah)
that these metals do not require completion of a year to be
subjected to zakah, which becomes due anytime it is available.
According to the preceding scholars, the amount should be
one-fortieth, and its distribution should be like that of the
regular zakah. For Abu Hanifah, its distribution is similar to
booty (fay').
That zakah of rikaz and ma'din is obligatory is shown by a
statement attributed to Abu Hurairah: "The Prophet, upon
whom be peace, said: 'There is no compensation for one killed
or wounded by an animal, falling in a well, or because of
working in mines; but, one-fifth (khums) is compulsory on
rikaz.' " Ibn al-Munzhir confesses that he does not know
anyone who contradicted this hadith except al-Hasan, who
differentiates between what exists in the land of war and the
Islamic land. The latter holds that if rikaz is found in the
land of war, one-fifth (khums) is due, but if it is found in
the Islamic land, it will be subject to the regular zakah.
Explaining it, Ibn al-Qayyim says that there are two
interpretations of this statement:
The first interpretation is that whenever someone hires
someone else to dig a mine for him and then he falls into it
and is killed, there is no compensation for him. This view is
supported by the Prophet's saying: "There is no
compensation for one who falls into a well or who is killed by
an animal--(al-bi'r jubar, wa al-'ajma' jubar)."
The second interpretation is that there is no zakah on
minerals. This view is supported by the Prophet's saying:
"... but one-fifth is compuslory on treasure--(wa fi
az-zakah al-khums)." Thus, he differentiated between
mineral (ma'din) and treasure (rikaz). He made zakah on rikaz
compulsory because it is a wealth obtained without any cost or
effort. He exempted minerals (ma'din) from zakah because they
require both cost and effort for their mining.
The rikaz are all those substances upon which one-fifth (khums)
is payable, such as gold, silver, iron, lead, brass, and the
like. This is the opinion of the Hanafiyyah, the Hanbaliyyah,
Ishaq, and Ibn al-Munzhir. A report from Malik and one of the
two opinions of ash-Shaf'i also corroborate it. Ash-Shaf'i
also holds that only gold and silver are subject to khums.
-1- In a barren land, a land of unknown ownership, or in an
intractible road, or ruined village. In that case, khums has
to be paid, and the one who found it may keep the other
four-fifths for himself. This is based on a report from an-Nasa'i
on the authority of 'Amr ibn Shu'aib from his father and from
his grandfather, who said that when the Messenger of Allah,
upon whom be peace, was asked about a lucky find (al-luqatah),
he responded: "For anything along a tractable road or in
an inhabited village, its ownership is determined by
established custom. If the owner claims it, it is his.
However, when an item is found in an intractable road or in an
uninhabited village, then on it and the rest of the find,
one-fifth (khums) is payable."
-2- If the rikaz is found by someone in a land transferred
to him, then it is his, as it is lodged in the land.
Nevertheless, his ownership does not come from his possession
of the land--it comes from the fact that it became known to
him. Analogically, this kind of find falls into the category
of grass, firewood, and game which are found on land which is
not his. He can claim it if the one who transferred the land
does not ask for it. In that case, it will be his because the
land originally belonged to him. This is the view of Abu Yusuf,
and the Hanbaliyyah uphold it as sound. Ash-Shaf'i says it
belongs to the owner who transferred the land (if he claims
it) before him, and so on until it is claimed by the first
original owner.
Whenever land is transferred through inheritance, it is
considered an inheritance by itself. If, however, the
inhabitants agree that it did not belong to the one from whom
they inherited it, then it belongs to the original owner. If
he is unknown, then it is considered the lost property of an
unknown owner. Abu Hanifah and Muhammad say that it belongs to
the original owner of the land or to his inheritors if they
are known; if they are not, it is to be placed in the public
treasury.
-3- If it is found in the land of a Muslim or a free
non-Muslim subject (zhimmi), then it belongs to the owner of
the land, according to Abu Hanifah, Muhammad, and Ahmad. It is
also reported from Ahmad that it belongs to the one who found
it (rikaz). Al-Hasan ibn Salih, Abu Thaur, and Abu Yusuf also
preferred this opinion. This view is based on the belief that
rikaz is not necessarily owned by the owner of the land,
except when it is claimed by the owner. In such a case, his
word will be the final one because he has the right over the
land. If he does not claim it, it belongs to the one who finds
it. AshShaf'i holds that it belongs to the one who claims it.
Otherwise, it belongs to the original owner.
The amount payable on rikdz is one-fifth, regardless of a
nisab, according to Abu Hanifah, Ahmad, and one of the two
correct reports of Malik and ash-Shaf'i. As for the completion
of a year (haws), all scholars agree that it has not been
stipulated as a conditon.
Most scholars are of the opinion that khums is due on
anyone who finds a treasure, whether he happens to be a
Muslim, a free non-Muslim subject (zhimmi), old, young, sane,
or insane. However, the guardians of the young and insane must
pay it on their behalf. Ibn al-Munzhir comments that all
learned persons agree that a zhimmi who finds rikaz has to pay
its khums. This is also the opinion of Malik, the scholars of
Madinah, ath-Thauri, al-Auza'i, the scholars of Iraq, those
who use analogy (ashab ar-ra'y), and others. Ash-Shaf'i stated
that khums is only due upon those who must pay zakah.
According to ash-Shaf'i, the distribution of khums is
similar to the distribution of zakah. Ahmad and al-Baihaqi
narrate from Bishr al-Khath'ami that a man from his tribe
said: "While I was in Kufah, I received a jar from an old
monastery at the zakah district (jibayah) of Bishr. There were
4,000 dirhams in it. I took it to 'Ali, who told me to divide
it into five parts, which I did. Then, 'Ali took one-fifth and
gave me four-fifths. When I departed, he called me and asked
if there were some needy people living near me. I replied that
there were, and he asked me to divide the one-fifth among
them." Abu Hanifah, Malik, and Ahmad are of the opinion
that its distribution is similar to the distribution of booty
(fay').
Ash-Shu'bi narrates that a man, while he was out of Madinah,
found 1,000 dinars in the ground. He brought them to 'Umar ibn
alKhattab, who took the khums of 200 dinars and gave the man
the rest. 'Umar started to distribute the 200 dinars among the
Muslims who were present. Since a little bit was left over, he
then asked: "Where is the owner of the dinars?" When
the man responded, 'Umar said to him: "Take these dinars,
for they are yours." In alMughni, it says that if it were
like zakah, he would have alloted it to those who deserved it
and would not have returned it to its finder. Furthermore,
rikaz can be given to the zhimmi, whereas zakah is not.
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