the earth, such as that which is created within it and is distinct from it, provided it has value, like that which al-Khiraqi mentioned and the like, such as iron, sapphire, chrysolite, crystal, carnelian, obsidian, kohl, vitriol, arsenic, and ochre. The same applies to flowing minerals, such as asphalt, petroleum, sulfur, and the like. Malik and al-Shafi'i said: Zakat is not attached except to gold and silver, due to the saying of the Prophet (may Allah bless him and grant him peace): "There is no zakat on stones." Also, because it is assessed wealth derived from the earth, it resembles red clay. Abu Hanifa said, in one of the two narrations from him: Zakat is attached to everything that is malleable, such as lead, iron, and copper, but not other things. Our evidence is the general scope of His saying, the Almighty: {And from what We have brought forth for you from the earth}. Also, because it is a mine, zakat is attached to what is extracted from it just as it is for monetary values. Furthermore, it is wealth that, if one were to obtain it as spoils of war, a fifth would be obligatory upon it; thus, when he extracts it from a mine, zakat is obligatory upon it, like gold. As for clay, it is not a mine because it is soil. A mine is that which is in the earth but is not of its own kind.

The second section, regarding the amount of the obligatory due and its nature. The amount obligatory upon it is a quarter of a tenth. Its nature is that it is zakat. This is the opinion of 'Umar ibn 'Abd al-'Aziz and Malik. Abu Hanifa said: The obligatory due upon it is the fifth, and it is fay'. Abu 'Ubayd chose this view. Al-Shafi'i said: It is zakat, and his opinion differed regarding its amount according to the two schools of thought. Those who made the fifth obligatory argued by the saying of the Prophet (may Allah bless him and grant him peace): "Whatever is not in a frequented path or an inhabited village, then upon it and upon the rikaz (buried treasure) is the fifth."