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الفتح الربانی
Fath al-Rabbani
كتاب الزكاةBook of Zakat
بَابُ مَا جَاءَ فِي الرِّكَازِ وَالْمَعْدِنِChapter on what is reported regarding buried treasure and minerals
Hadith 3428
اُردوEn
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ تَعَالَى عَلَيْهِ وَعَلَى آلِهِ وَصَحْبِهِ وَسَلَّمَ: ((الْبِئْرُ جُبَارٌ وَالْمَعْدِنُ جُبَارٌ وَالْعَجْمَاءُ جُبَارٌ، وَفِي الرِّكَازِ الْخُمْسُ))
Sayyiduna Abu Huraira (may Allah be pleased with him) reports that the Messenger of Allah (peace and blessings be upon him) said: The well is without compensation, the mine is without compensation, and the animal is also without compensation, and in rikaz (buried treasure) one-fifth is due as zakat.
Brief Explanation
Benefits: … The meaning of this hadith is that if someone suffers harm from another person's well, mine, or animal, while the original owner has no involvement in it, then the owner will be free from liability for that harm.
In the narration of Sahih Bukhari (1499), the words of this narration are as follows:
((Al-'ajma'u jubar, wal-bi'ru jubar, wal-ma'dinu jubar, wa fi al-rikazi al-khums.))
Supporting the view that there is a difference between rikaz and mine, the commentator of Abu Dawud, Imam Azimabadi, says: In the words of the Prophet, "wal-ma'dinu jubar wa fi al-rikazi al-khums" (the mine is exempt and in rikaz is one-fifth), "al-rikaz" is conjoined to "al-ma'din" and a separate ruling is stated for each. From this, it is understood that, according to the Prophet sallallahu alayhi wa sallam, a mine (ma'din) is not rikaz; rather, these are two different and distinct things. If a mine were the same as rikaz, then the words of the blessed hadith would have been: "wal-ma'dinu jubar wa fihi al-khums" (the mine is exempt and in it is one-fifth). But since these words were not said, it is evident from this that rikaz and mine are two separate things, and it is also the case that conjunction (atf) indicates distinction. Hafiz Ibn Hajar said: The Prophet sallallahu alayhi wa sallam distinguishing between mine and rikaz by means of the conjunctive "waaw" is an evidence in favor of the majority, so it is established that mine is one thing and rikaz is another. (Awn al-Ma'bud: 2/1397)
From these ahadith, it is understood that one-fifth (khums) is obligatory as zakat in rikaz. As for the issue of the mine, there is no specific ruling in the light of any authentic hadith; whatever comes out of the mine, its zakat will be determined by considering its nature, but the condition of a year passing over it will also apply.
In the narration of Sahih Bukhari (1499), the words of this narration are as follows:
((Al-'ajma'u jubar, wal-bi'ru jubar, wal-ma'dinu jubar, wa fi al-rikazi al-khums.))
Supporting the view that there is a difference between rikaz and mine, the commentator of Abu Dawud, Imam Azimabadi, says: In the words of the Prophet, "wal-ma'dinu jubar wa fi al-rikazi al-khums" (the mine is exempt and in rikaz is one-fifth), "al-rikaz" is conjoined to "al-ma'din" and a separate ruling is stated for each. From this, it is understood that, according to the Prophet sallallahu alayhi wa sallam, a mine (ma'din) is not rikaz; rather, these are two different and distinct things. If a mine were the same as rikaz, then the words of the blessed hadith would have been: "wal-ma'dinu jubar wa fihi al-khums" (the mine is exempt and in it is one-fifth). But since these words were not said, it is evident from this that rikaz and mine are two separate things, and it is also the case that conjunction (atf) indicates distinction. Hafiz Ibn Hajar said: The Prophet sallallahu alayhi wa sallam distinguishing between mine and rikaz by means of the conjunctive "waaw" is an evidence in favor of the majority, so it is established that mine is one thing and rikaz is another. (Awn al-Ma'bud: 2/1397)
From these ahadith, it is understood that one-fifth (khums) is obligatory as zakat in rikaz. As for the issue of the mine, there is no specific ruling in the light of any authentic hadith; whatever comes out of the mine, its zakat will be determined by considering its nature, but the condition of a year passing over it will also apply.
