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4. LAWFUL PROPERTY THAT HAS BECOME MIXED WITH UNLAWFUL PROPERTY →
← 2. MINED PRODUCTS
3. TREASURE TROVES
Ruling 1823. A treasure trove is moveable, concealed property that is not within reach of people. It is hidden underground, in a tree, or on a mountain or wall, and its presence there is not normal.
Ruling 1824. If a person finds a treasure trove on land that does not belong to anyone or which is barren, and he becomes the owner of it by making it fertile, he can take the treasure trove for himself but he must pay khums on it.
Ruling 1825. The niṣāb for treasure troves is 105 mithqāls of coined silver or fifteen mithqāls of coined gold; i.e. if the value of the treasure trove is equal to either of these two amounts, then khums becomes obligatory on it.
Ruling 1826. If a person finds a treasure trove on land that he has purchased from someone or on land over which he has disposal on account of renting it and suchlike, and if that treasure trove does not legally (sharʿan) belong to a Muslim or a dhimmī, or if it does then it was such a long time ago that he is unable to ascertain whether or not there is an heir for it, in such a case, he can take the treasure trove for himself but he must pay khums on it. If he deems it rationally probable that the treasure belongs to the previous owner, then in case the previous owner had disposal over the land, the treasure trove, or its location as a result of owning the land, he must inform him. After that, if the previous owner makes a claim over the treasure trove, he must hand it over to him; and if he does not make a claim over it, he must inform the person who owned the land before the previous owner and who had disposal over it, and so on with regard to all the previous owners who had such disposal. If none of them makes a claim over the treasure trove and the present owner does not know whether or not it once belonged to another Muslim or dhimmī, he can take it for himself but he must pay khums on it.
Ruling 1827. If a person finds treasure troves in a number of places and their total value is 105 mithqāls of silver or fifteen mithqāls of gold, he must pay khums on them. However, if he finds the treasure troves at different times, then, if there was not a long interval between finding them, the value of all of them together must be calculated; but if there was a long interval, then each one must be calculated separately.
Ruling 1828. If two people find a treasure trove that has a total value that reaches 105 mithqāls of silver or fifteen mithqāls of gold but their individual shares do not come to that amount, it is not necessary for them to pay khums on it.
Ruling 1829. If a person purchases an animal and finds some property in its stomach, in the event that he deems it probable that it belongs to the seller or the previous owner, and they had disposal over the animal and over the object that was found in the animal’s stomach, he must inform them about it. After that, if he does not find an owner for it, in the event that its value reaches the niṣāb of a treasure trove, he must pay khums on it. In fact, based on obligatory precaution, he must pay khums on it even if its value is less than the niṣāb; and the rest is his property. This rule also applies to fish etc., provided that it was looked after in a particular place and somebody undertook to feed it. However, if the fish was caught from the sea or a river, it is not necessary to inform anyone.
4. LAWFUL PROPERTY THAT HAS BECOME MIXED WITH UNLAWFUL PROPERTY →
← 2. MINED PRODUCTS
Ruling 1824. If a person finds a treasure trove on land that does not belong to anyone or which is barren, and he becomes the owner of it by making it fertile, he can take the treasure trove for himself but he must pay khums on it.
Ruling 1825. The niṣāb for treasure troves is 105 mithqāls of coined silver or fifteen mithqāls of coined gold; i.e. if the value of the treasure trove is equal to either of these two amounts, then khums becomes obligatory on it.
Ruling 1826. If a person finds a treasure trove on land that he has purchased from someone or on land over which he has disposal on account of renting it and suchlike, and if that treasure trove does not legally (sharʿan) belong to a Muslim or a dhimmī, or if it does then it was such a long time ago that he is unable to ascertain whether or not there is an heir for it, in such a case, he can take the treasure trove for himself but he must pay khums on it. If he deems it rationally probable that the treasure belongs to the previous owner, then in case the previous owner had disposal over the land, the treasure trove, or its location as a result of owning the land, he must inform him. After that, if the previous owner makes a claim over the treasure trove, he must hand it over to him; and if he does not make a claim over it, he must inform the person who owned the land before the previous owner and who had disposal over it, and so on with regard to all the previous owners who had such disposal. If none of them makes a claim over the treasure trove and the present owner does not know whether or not it once belonged to another Muslim or dhimmī, he can take it for himself but he must pay khums on it.
Ruling 1827. If a person finds treasure troves in a number of places and their total value is 105 mithqāls of silver or fifteen mithqāls of gold, he must pay khums on them. However, if he finds the treasure troves at different times, then, if there was not a long interval between finding them, the value of all of them together must be calculated; but if there was a long interval, then each one must be calculated separately.
Ruling 1828. If two people find a treasure trove that has a total value that reaches 105 mithqāls of silver or fifteen mithqāls of gold but their individual shares do not come to that amount, it is not necessary for them to pay khums on it.
Ruling 1829. If a person purchases an animal and finds some property in its stomach, in the event that he deems it probable that it belongs to the seller or the previous owner, and they had disposal over the animal and over the object that was found in the animal’s stomach, he must inform them about it. After that, if he does not find an owner for it, in the event that its value reaches the niṣāb of a treasure trove, he must pay khums on it. In fact, based on obligatory precaution, he must pay khums on it even if its value is less than the niṣāb; and the rest is his property. This rule also applies to fish etc., provided that it was looked after in a particular place and somebody undertook to feed it. However, if the fish was caught from the sea or a river, it is not necessary to inform anyone.