Discussion of items for which the completion of a lunar year is not required.
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The Shaykh : Yes, the buried treasure. What is the buried treasure? The buried treasure... means what is buried. This is the buried treasure, which is found from the burial of the pre-Islamic age of ignorance, meaning from the burial of the disbelievers in the past. As for what is found from the burial of Muslims, it is lost property. But what is found from the burial of the disbelievers in the past is buried treasure, and the one who takes it owns it; the finder owns it. And when he owns it, a fifth becomes obligatory upon him, based on the saying of the Prophet (peace and blessings be upon him) Is this fifth distributed in the manner of zakah, or is its distribution in the manner of war spoils? There is scholarly disagreement among the scholars on this. Some said that its distribution is in the manner of war spoils, to be placed in the public treasury for general public benefits. And some said that its distribution is in the manner of zakah, to be distributed to whom? To the recipients of zakah. And the root of their disagreement is their disagreement over whether the article "al" (the) indicates the amount or indicates a mental covenant. If it indicates a mental covenant, then the intended meaning of the fifth is war spoils, meaning the fifth whose distribution you know. And if the "al" indicates the amount, then it is zakah. And what is known to us in the Hanbali school of jurisprudence is that it is zakah. So it falls within the five categories: mines. Mines of gold and silver, or mines of other things, if intended for trade. That is, for mines other than gold and silver, we must stipulate this condition, if intended for trade, because zakah is not obligatory in them unless they are merchandise, and they do not become merchandise except by intention.
A man stumbled upon a gold mine. Is a gold mine expensive or cheap?
The questioner : Expensive.
The Shaykh : Expensive. Gold drives the mind to distraction. Yes, we say a man stumbled upon a gold mine and extracted from it ten kilograms. Is there zakah in it? When? When the lunar year is completed? No, from the time he finds it. From the time he finds it—be patient, Salim—from the time he finds it, because it is analogous to what comes out of the earth from the time of its harvest. So this is the harvest of the mine, and that is the harvest of the fruits. So zakah becomes obligatory from that time. How much is the zakah on gold?
The questioner : One-quarter of a tenth.
The Shaykh : One-tenth of a quarter. You take out from five kilograms, one kilogram, how much? One-tenth of a quarter, how much?
The questioner : ... .
The Shaykh : Fine, he took out forty kilograms. This does not contradict, for example, a hypothetical case. He took out forty kilograms. How much is required? One-tenth of a quarter of a kilogram. Fine, he takes out one-tenth of a quarter immediately. And is there something else outside of these five categories?
The questioner : Honey.
The Shaykh : Honey. According to the opinion that it is obligatory, from the time he harvests it, he must pay its zakah. Fine, Salim?
The questioner : Yes.
The Shaykh : May Allah prepare a mine for you?
And in the buried treasure, a fifth.
وفي الركاز الخمسA man stumbled upon a gold mine. Is a gold mine expensive or cheap?
The questioner : Expensive.
The Shaykh : Expensive. Gold drives the mind to distraction. Yes, we say a man stumbled upon a gold mine and extracted from it ten kilograms. Is there zakah in it? When? When the lunar year is completed? No, from the time he finds it. From the time he finds it—be patient, Salim—from the time he finds it, because it is analogous to what comes out of the earth from the time of its harvest. So this is the harvest of the mine, and that is the harvest of the fruits. So zakah becomes obligatory from that time. How much is the zakah on gold?
The questioner : One-quarter of a tenth.
The Shaykh : One-tenth of a quarter. You take out from five kilograms, one kilogram, how much? One-tenth of a quarter, how much?
The questioner : ... .
The Shaykh : Fine, he took out forty kilograms. This does not contradict, for example, a hypothetical case. He took out forty kilograms. How much is required? One-tenth of a quarter of a kilogram. Fine, he takes out one-tenth of a quarter immediately. And is there something else outside of these five categories?
The questioner : Honey.
The Shaykh : Honey. According to the opinion that it is obligatory, from the time he harvests it, he must pay its zakah. Fine, Salim?
The questioner : Yes.
The Shaykh : May Allah prepare a mine for you?