Whoever Finds Rikaz (Buried Treasure) One-Fifth Should be Given

প্রশ্ন · Question

Praise be to Allah, and prayers and peace be upon our master Ahmad.
Assalam Alaikum Wa Rahmatullah Wa Barakatuh. I am from Palestine
and there is someone who searches for precious metals in the land of
others. If he finds Ottoman finds that were hidden by the Ottoman
Empire in 1916 and he cannot return them to the Turks now, is the one

who finds the money, if it is found, have a share in it or the owner of
the land only will get the fee for keeping the treasure in his land? Is the
money that, in origin should be given to the state, should be given
entirely to the poor, or only one -fifth? Thank you, may Allah grant you
victory and may Allah protect you and the faithful.

উত্তর · Answer

Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh.
We have already answered a similar question more than once, and I
will quote you from it:
1- From the Answer to a Question 8/11/2013:
(…As for the second part of the question about Al -Rikaz (buried
treasures, whoever finds Rikaz (buried treasures), one -fifth of it must
be handed over to the Islamic State to put it in the interests of
Muslims, and the other four -fifths are for those who find it, provided
that the ore is not found in someone else’s land.
But if the Islamic state did not exist as it is today, then the one who
finds Al -Rikaz pays out one -fifth for the poor and the needy and the
interests of Muslims...and seeks the right to that, and the rest is his.
The evidence for that is:
A- Al-rikaz is property buried underground whether gold, silver, jewels,
pearls or weapons. These could be treasures of ancient peoples like
the Egyptians, Babylonians, Assyrians, Sassanid (Persians), Romans or
Greeks and include money, currency, jewelry and gems placed in the
graves of their kings and leaders or even the remains of their ancient
cities that have been destroyed. It also applies to their gold or silver
currency placed in jugs and other vessels found hidden in the earth
from the Days of Ignor ance or past Islamic eras. These are also
considered hidden treasures, just like the other things mentioned. Al -
Rikaz is derived from Rakaza, Yarkazu like Gharaza, Yarghruzu i.e.

‘when it is hidden’, so you can say: ‘Rakaza’ the lance when it is
planted in the earth. From this is derived ar -Rikz, which is a hidden
voice. Allah Ta’ala said:
[وْ تَسْمَعُ لَهُمْ رِكْزاً
َ
أ]
“...or hear even a whisper (rikz) from them?” [Maryam: 98].
As for minerals (Al-m’adin), they are what Allah ﷻ created in the earth
on the Day He created the heavens and the earth or gold, silver,
copper, lead and similar substances. Al -m’adin is derived from ‘Adana
(in a place), Ya’adanu when he settles in it, and from it the term
Garden of Eden is derived as it is a place of residence and eternity.
Minerals are of Allah’s creation and not buried by man and are thus
different from the treasure, as the latter has been buried by man.
B- The principle regarding treasure and mineral is what was narrated
by Abu Hurayra that the Messenger of Allah said: «
ي الركاز الخمس
وف Regarding the wounded beast there is no indemnity
nor punishment (Qisas) and in the treasure its fifth is due.” Also what
was narrated by Abdullah bin Amru that the Prophet was asked of
property found in a very ancient ruined place and he said: ي الركاز
«
الخمس In it and in buried treasure is the fifth.” And also what was
narrated from Ali bin Abi Talib that the Prophet said: ي السيوب
«
الخمس. قال: والسيوب عروق الذهب والفضة الن ي تحت الْرض And in the
Suyyub is the fifth. He said: The Suyyub are the veins of gold and
silver that are buried underground.” This is mentioned by Ibn
Qudamah in al-Mughni.
C- Therefore, any property of gold, silver, jewellery, gems and the like
buried and found in graves, ruins, cities of ancient peoples,
uncultivated land, very ancient ruins, as ascribed to people of ‘Ad,
whether from the treasures of the Days of Ignorance or those of
Muslims in past Islamic eras, becomes the property of its finder of
which he gives a fifth to the Bait ul -Mal. Thus, all small amounts, not

continuous (not I’id ), of limited amount of minerals, gold or silver
whether in veins or as raw metal in uncultivated land not belonging to
anyone, they belong to the finder who gives a fifth of them to the Bait
ul-Mal. But if it is continuous (I’id) i.e., a mine and not a limited
buried amount, it takes the rule of public property, which has other
details.
The fifth taken from the finder of treasure and minerals is considered
as booty (Fai’) and takes its rule. It is placed in the Bait ul -Mal in the
department of Fai’ and Kharaj and it is spent the same way as Fai’ and
Kharaj. Its matter is delegated to the Khalifah to spend in taking care of
the Ummah’s affairs and fulfilling her interests according to his view
and Ijtihad of what is good and beneficial.
D- Whoever finds a treasure or minerals in his property, whether land
or buildings, then he owns it, whether he inherited this land and
building or bought it from someone else. Whoever finds a treasure or
minerals in another person’s land or building, then the treasure or
mineral found belongs to the owner of the land or building and not to
its finder.
5 Muharram 1435 AH corresponding to 11/8/2013 CE) End of the
answer to the question.
2- From the Answer to A Question 18/9/2014:
(…It was extracted by Al -Bukhari and Muslim from Ibn Shihab, from
Sa'eed Bin Al -Musayyiib, from Abi Salamah Bin Abdul Rahman, from
Abu Hurairah (ra): That the Messenger of Allah ﷺ said: «وَف ِي الرركَازِ
الخُمُسُ » “(Take) from the Rikaz (buried treasure) fifth (the amount).”
Rikaz is ancient treasures buried underground or vessels of limited
amounts of metals... if it is discovered by someone in his property,
whether a land or building, it will belong to the discoverer, but if the
Rikaz or metal is found in someone else's land or building, the Rikaz or
metal will belong to the owner of the property and not the finder of

the Rikaz or metal... The fifth of the amount of the Rikaz is obliged to
be paid the moment it is discovered to Bait ul -Mal and it is prohibited
to delay.
As for whether the fifth (of the Rikaz) is Zakat or Fai' (booty) that is
"state property", the answer is that it is not zakat but it is Fai', and
from the evidences for this is what is narrated by Abu Ubaid from
Mujalid from As-Sha'bi that:
"A man found 1,000 Dinars buried in a place outside of Madinah so he
came with them to ‘Umar ibn Al -Khattab who took a fifth, 200 Dinars,
and returned the rest to that man. ‘Umar began dividing the 200
among the Muslims present before him until there remained a surplus.
‘Umar said: ‘Where is the owner of the Dinars?' So, he stood before
him and ‘Umar said to him: ‘Take these Dinars. They are yours."
From the hadith of As -Sha'bi, it is clear that the amount taken by
‘Umar (ra) from the whole Rikaz is only the fifth, and the remaining
four fifth were returned back to the finder of the Rikaz; this fifth was
not Zakat, but was considered as Fai', because if it was Zakat it would
have been given to those eligible for Zakat, and ‘Umar (ra) would not
have given it to the finder of the Rikaz because he was a wealthy man,
and Zakat is not given to the wealthy.
This is why whatever the amount of the Rikaz is, four -fifth of it is given
to its finder and the fifth is given to Bait ul -Mal. This is not conditional
to a Nisab because it is not Zakat, whether the amount of the Rikaz
reaches the Nisab or not, a fifth of it is paid to Bait ul -Mal of the
Muslims. Currently the Muslims do not have Bait ul -Mal, so the finder
of the Rikaz can pay the fifth to that which benefits the Muslims or the
needy among them...he does what he sees best. 23 Dhul Qi’dah 1435
AH correspond ing to 18/9/2014 CE). End to the answer of the
question.
And in that it is sufficiency, and Allah is All-Knowing and Most Wise.

Your Brother,
Abu Yasin
19 Safar Al-Khair 1444 AH
15/9/2022 CE