Muslim

Hadith Commentary: Benefits and Issues: Hafiz Ibn Hajar rahimahullah is of the opinion that the person to whom the decision was submitted was Prophet Dawud (alayhis salam), as Wahb ibn Munabbih has stated. The reason for the disagreement is that the buyer thought he had only purchased the land, and in such a case, the buried treasure (in the land) remains the property of the original owner. The seller, on the other hand, thought that since he had sold the land, everything within it was also included, and in this case, the owner would be the buyer. Thus, a mutual disagreement arose. The person whom they accepted as the arbitrator for the decision, upon observing their piety and God-consciousness (wara‘ and taqwa), deemed it appropriate that both should be given the opportunity to benefit from it. Therefore, he advised that it be spent on the marriage of their children, so that both could benefit from it and also give charity from it.

From this, the Imams of Hijaz—Imam Malik, Shafi‘i, and Ahmad—have established the view that if both parties, instead of taking the case to a governmental court, accept another person as an arbitrator, then his decision will be enforceable, and the governmental judge (qadi) will not have the authority to overturn it. However, according to Imam Abu Hanifah, the confirmation (tauthiq) of the qadi is necessary. (Takmila, vol. 2, p. 603)

But Imam Ibn Qudamah has written that if two people accept someone as a proper arbitrator and he is qualified for it, then his decision will be enforceable. This is also the position of Imam Abu Hanifah, and one opinion of Imam Shafi‘i is that if they are satisfied, it will be enforceable, otherwise not. (Al-Mughni, vol. 14, p. 92)

Hadith Commentary:

Qastallani rahimahullah said that the madhhab of al-Shafi'i is: If someone sells land and then a treasure is found in it, it will belong to the seller, just as if someone sells a house and there are some belongings in it, those will go to the seller. If the buyer stipulates (otherwise), then that is a different matter.

Hadith Commentary:
➊
From this hadith, it is understood that those people were very cautious and pious. However, in our turbulent times, the situation is the opposite. People commit dishonesty even in trivial matters and take pride in usurping others’ wealth.

➋
In our Shariah, the details regarding such wealth are as follows: if, based on indications, it is known that it is a buried treasure from the pre-Islamic era (Jahiliyyah), then it is rikaz, and one-fifth of it must be given to the public treasury (bayt al-mal). If the wealth is from the Islamic era, then it falls under the ruling of lost property (luqatah), and if it cannot be determined, then all of the wealth should be deposited in the bayt al-mal, to be spent on the collective needs of the Muslims.

➌
Some scholars hold the view that whoever becomes the owner of land also becomes the owner of everything beneath it, and if, at the time of acquiring the land, he was unaware of anything within it, this does not nullify his ownership. Some scholars say that if someone sells land and then a treasure is found in it, it will belong to the seller, just as in the case of selling a house, the goods and belongings remain the property of the seller—unless the buyer stipulates otherwise.
And Allah knows best.

Benefits and Issues:

➊
The incidents of previous communities can be narrated as lessons and admonitions, provided that they are established from the Noble Qur’an or authentic ahadith. It is not permissible to embellish sermons and speeches with weak, fabricated, or spurious narrations.

➋
From the legal matters of past communities, only those rulings may be acted upon which are not contrary to our Shari’ah.

➌
Honesty and goodwill towards one another in buying and selling are causes of blessing.

➍
In matters of dispute, it is very commendable to adopt such a course that both parties are pleased with.

➎
A buried treasure is the lawful property of the person who finds it, provided it cannot be ascertained who buried it.

➏
A buried treasure should not be spent entirely on oneself. In our Shari’ah, the limit for this is set at one-fifth, i.e., twenty percent is to be paid as zakah, and the remainder may be used for personal benefit.