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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 232

Translation · EN

It is also unanimously agreed upon. Ibn al-Mundhir said: We do not know of anyone who disagreed with this hadith except al-Hasan, for he differentiated between what is found in the land of war and the land of the Arabs, saying: As for what is found in the land of war, there is a fifth, and for what is found in the land of the Arabs, there is Zakat. Al-Zuhri, al-Shafi'i, Abu Hanifah and his companions, Abu Thawr, Ibn al-Mundhir, and others, obligated the fifth in all cases. This issue comprises five sections:

The first: that the rikāz to which the obligation of the fifth attaches is that which is of the buried treasure of the Age of Ignorance (Jahiliyyah). This is the opinion of al-Hasan, al-Sha'bi, Malik, al-Shafi'i, and Abu Thawr. This is determined by seeing their markings on it, such as the names of their kings, their images, their crosses (9), the images of their idols, and the like. If it bears an Islamic marking, or the name of the Prophet (may God bless him and grant him peace), or one of the caliphs of the Muslims, or their governor, or a verse from the [Quran and the like] (10), then it is luqatah (lost property); because it is the property of a Muslim whose removal from his ownership is not known. If it has an Islamic marking on part of it and an unbeliever's marking on another part (11), it is the same. Ahmad explicitly stated this in the narration of Ibn Mansur, because the apparent state is that it came to a Muslim, and it is not known that it passed out of the ownership of Muslims, so it resembles that which has the markings of Muslims on all of it.

The second section: regarding its location, it is not free of four categories: One of them is that he finds it in wasteland (mawat), or in a place where no owner is known, such as land where signs of ownership exist, such as ancient buildings...

Notes

= the injury of the animal is uncompensated, from the Book of Blood-Money (al-Diyat). Sunan al-Darimi 1/393, 2/196. And Imam Malik, in: The Chapter of Zakat on Rikaz, from the Book of Zakat, and in: The Chapter of the Collective Blood-Money, from the Book of Blood-Money. Al-Muwatta 1/249, 2/869. And Imam Ahmad, in: Al-Musnad 1/314, 2/228, 239, 254, 274, 285, 319, 382, 386, 406, 411, 415, 454, 456, 467, 475, 482, 493, 495, 499, 501, 507, 3/336, 354, 5/326, 327. (8) In [M]: "fasl awjaba" (a section: he obligated). (9) In the original: "salibihim" (their crosses). (10) In [M]: "qur'an aw nahw" (Quran or similar). (11) In the original: "al-kuffar" (the unbelievers).

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