the two viewpoints, and the other is that it belongs to the owner, based on the two narrations regarding one who finds rikaz (buried treasure) in property transferred to him. If they disagree, and each one of them says: "This was mine," then there are also two viewpoints: one of them is that the statement of the owner is taken because the buried object is a dependent of the land. The second is that the statement of the renter is taken because this is deposited in the land, not from it, so the statement is that of the one who has possession of it, like personal belongings.

The fourth category: If he finds it in the land of war (dar al-harb). If he cannot obtain it except with a group of Muslims, it is booty for them. If he is able to obtain it by himself, it belongs to the finder, and its ruling is the ruling of that which is found in wasteland in the land of the Muslims. Abu Hanifah and al-Shafi'i said: If the owner of the land is known and he was a harbi (a belligerent non-Muslim), it is also booty, because it is in the secure custody of a specific owner; thus, it is similar to if he took it from a house or a treasury. Our view is that its location does not have an inviolable owner, so it is similar to if its owner were unknown. A ruling similar to their view may be derived for us, based on our statement that rikaz in the Abode of Islam belongs to the owner of the land.

Section: The third chapter is regarding the nature of the rikaz upon which one-fifth is due, which is every type of wealth regardless of its variety, whether gold, silver, iron, lead, brass, copper, utensils, or otherwise. This is the opinion of Ishaq, Abu 'Ubayd, Ibn al-Mundhir, the People of Opinion (Ashab al-Ra'y), one of the two narrations from Malik, and one of the two views of al-Shafi'i. The other view is that it is not obligatory except on currencies. Our evidence is the generality of his (peace be upon him) statement: "And in the rikaz is one-fifth (18)." Furthermore, it is wealth acquired from the wealth of the disbelievers, so one-fifth is obligatory upon it regardless of its types, just like booty.

Once this is established, the one-fifth is obligatory upon both its small amount and its large amount, according to the opinion of our Imam, Malik, Ishaq, the People of Opinion, and al-Shafi'i in his old (qadim) view. He said in the new (jadid) view: The nisab (threshold) is considered for it, because it is a right of wealth that is obligatory upon what is extracted from the earth, so the nisab is considered for it, like minerals and crops.