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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.

Treasures in the Sunnah: A Scientific Approach by Zaghlul El-Naggar

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. It is also reported from Ahmad that it belongs to the one who found it rikaz. 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.

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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.

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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, dirhams in it. I took it to 'Ali, who told me to divide it into five parts, which I did. The contents were written by a teacher ustadz who is an expert in his field, for more details, please see the About menu. English, Arabic, Indonesian idiom and conversation dictionary. It is great for you to learn the three languages at once in one application.

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