-VOLUME 4- · 40 – THE RULING ON TREASURES FOUND UNDERGROUND
3085 – According to what Saʿīd ibn al-Musayyab and Abū Salama heard from Abū Hurayra, the Messenger of God (peace and blessings be upon him) said: “There is a fifth (one-fifth) tax on buried treasure (rikāz).” [31]
3086 – It is narrated from Ḥasan (may Allah be pleased with him) that he said: Rikāz (buried treasure) is a hoard belonging to ancient peoples.
EXPLANATION
Rikāz (buried treasure): This refers to property that was once hidden underground and whose location has been forgotten. This may be any kind of property, as well as gold or silver. Ādiyy: Means ancient. Even if historical treasures do not go back as far as the people of ʿĀd, the term Ādiyy is used to indicate their antiquity by associating them with the people of ʿĀd. One-fifth of treasures unearthed from underground belonging to past peoples is given as a tax. According to Imām al-Aʿẓam (Abū Ḥanīfa), the place where this charity is spent: since it is property of polytheists (mushrik), it is given to the same recipients as fayʾ (property taken from the enemy without battle). According to al-Shāfiʿī: since it is extracted from the earth, it is spent in the same way as ʿushr (the tithe). (Maʿālim al-Sunan, vol. 4, p. 271)
3087 – Dubāʿa bint Zubayr ibn ʿAbd al-Muṭṭalib ibn Hishām said: Al-Miqdād (may Allah be pleased with him) went to Baqīʿ al-Ḥabḥab (a place near Medina) to take care of a need. Suddenly, he saw a sand rat coming out of a hole, carrying gold in its mouth, and it continued to bring out pieces one by one until it had brought out seventeen pieces of gold. Then it brought out a piece of red cloth containing gold. The total number of gold pieces became eighteen. Al-Miqdād took the gold and brought it to the Messenger of God (peace and blessings be upon him) and informed him of the incident. He said, “Take its zakat.” The Messenger of God (peace and blessings be upon him) asked him, “Did you put your hand into the hole?” Al-Miqdād replied, “No, I did not.” Thereupon, the Messenger of God (peace and blessings be upon him) said, “May Allah bless it for you.” [32]
EXPLANATION
Baqīʿ al-Ḥabḥaba: This is the name of a district in Medina. Since al-Miqdād (may Allah be pleased with him) did not dig up the place and extract the gold himself, it was considered as lost property found on the road. When lost property is announced and its owner does not appear, it belongs to the finder. Therefore, the Messenger of God (peace and blessings be upon him) said, “May Allah bless it for you,” to indicate that it was not subject to zakat.