what you have extracted from it, and what you have spent upon it, then settle with them (qasithum) regarding the expenditure, and return the excess to them. According to this, whoever finds something in owned land or in dead (unowned) land, he is most entitled to it. If two people precede others to a mine in dead land, the one who is first is more entitled to it as long as he is working it; if he abandons it, it is permissible for someone else to work in it. What one finds in property where the owner is known belongs to the owner of the place. As for flowing minerals, they are permissible in all cases, except that it is disliked for one to enter the property of another [without his permission]. It has been narrated that they are owned by virtue of ownership of the land in which they are located, because they are among its growth and its appurtenances, so they belong to the owner of the land, like the branches of a tree that is owned and its fruit.

Section: It is permissible to sell the dust of the mine and the goldsmiths for something of a different genus, but it is not permissible for something of the same genus if it is of the type in which usury (riba) applies, because it leads to usury. The Zakat is upon the seller, because it became obligatory while in his possession; it is as if he sold fruit after its ripeness has become apparent. Abu Ubayd recorded in "al-Amwal" that Abu al-Harith al-Muzani purchased mine dust for one hundred ewes with their offspring (mutbi'), and he extracted from it the price of one thousand ewes. The seller said to him: "Rescind the sale for me." He replied: "I will not do so." He said: "I shall surely come to Ali and complain about you"—meaning I shall report you. He came to Ali ibn Abi Talib and said: "Abu al-Harith has found a mine." Ali came to him and said: "Where is the treasure (rikaz) you found?" He said: "I did not find treasure; this man found it, and I bought it from him for one hundred ewes with their offspring." Ali said to him: "I see no obligation upon you except the fifth (khums)." He said: So he paid the fifth on the one hundred ewes. Once