❖ The Rulings of Khums: Obligation of Khums on War Booty and Buried Treasure ❖
✦ Written by: Imran Ayub Lahori
❖ Ghanīmah (War Booty):
Ghanīmah refers to the wealth obtained during warfare.
[Al-Munjid, p. 618]
This includes both movable property (such as vehicles, livestock, war equipment, etc.) and immovable property (such as land, buildings, and houses) without any distinction.
Further details will be addressed later in Kitāb al-Jihād wa al-Siyar.
[Al-Rawḍah al-Nadiyyah, 1/253]
❖ Fay’:
Fay’ refers to wealth obtained without struggle or warfare.
[Al-Qāmūs al-Muḥīṭ, p. 1031]
Allah ﷻ has outlined the usage of Fay’ in the following verse:
مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ
[Surah Al-Ḥashr: 7]
It is narrated from Abu Hurairah رضي الله عنه that the Prophet ﷺ said:
العجماء جبار والبئر جبار والمعدن جبار وفي الركاز الخمس
“No compensation is due for an animal’s damage, for a well, or a mine — but one-fifth (Khums) is due on buried treasure (Rikāz).”
[Bukhārī: 1499, Muslim: 1710, Abu Dāwūd: 3085, Tirmidhī: 1391, Nasā’ī: 5/45, Ibn Mājah: 2509, Muwaṭṭa: 1/249, Ibn Abī Shaybah: 3/224, Aḥmad: 2/228]
Scholars hold two primary views regarding the meaning of Rikāz:
① Majority Opinion (Jumhūr – Mālik, Shāfi‘ī):
It refers to buried treasure from the pre-Islamic era found in the earth, obtained without significant effort.
② Abu Ḥanīfah and Al-Thawrī:
They hold that Rikāz refers to minerals (Ma‘ādin).
[Nayl al-Awṭār: 3/106, Qawānīn al-Aḥkām al-Shar‘iyyah: pp. 119–120, Mughni al-Muḥtāj: 1/394, Badā’i‘ al-Ṣanā’i‘: 2/65]
The majority refutes the Ḥanafī view using the aforementioned hadith, where minerals and Rikāz are mentioned separately, clearly indicating they are distinct.
◈ Al-Qāmūs al-Muḥīṭ includes both meanings (minerals and buried treasure) under Rikāz.
◈ Ibn al-Athīr states that the term applies to both, but the hadith refers specifically to buried treasure from the era of ignorance.
[Al-Nihāyah: 2/258]
◈ Shaykh al-Albānī concurs: linguistically both meanings are valid, but Islamically, only buried pre-Islamic treasure is meant, as shown in the hadith of Abu Hurairah.
[Tamām al-Minnah, p. 376]
✔ Preferred View: The majority opinion is stronger, as the hadith clearly distinguishes between minerals and Rikāz.
Hence, Rikāz is not subject to Zakāh but to Khums (one-fifth), similar to war booty.
The remaining four-fifths belong to the finder, while Khums is to be deposited into the Bayt al-Māl (Islamic Treasury).
Apart from Rikāz, Zakāh is obligatory on minerals, as indicated in a hadith that the Prophet ﷺ collected Zakāh from the mines of a place called “Qabl.”
[Ḍa‘īf: Ḍa‘īf Abī Dāwūd: 668, Kitāb al-Kharāj wa al-Imārah wa al-Fay’: Bāb fī Iqṭā‘ al-Arāḍī, Irwā’ al-Ghalīl: 830, Abū Dāwūd: 3061, Muwaṭṭa: 1/248, Bayhaqī: 4/152, Ḥākim: 3/517]
Despite the weakness of this narration, the generality of other hadiths proves that Zakāh is due on gold and silver mines.
However, the Ḥanafīs believe Khums applies here too, as they consider Rikāz and minerals to be synonymous.
[Nayl al-Awṭār: 3/107]
Other than these two, Khums is not obligatory on any other form of wealth, as there is no Shar‘i evidence suggesting otherwise.
This is further supported by the principle of Barā’at Aṣliyyah (original freedom from obligation).
Abu Ḥanīfah states that Khums applies to all kinds of minerals, such as iron, copper, and brass.
[Al-Rawḍah al-Nadiyyah: 1/526]
⚠ However, this view is not supported by any authentic hadith.
And Allah knows best.
وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَىْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي القُرْبَى وَاليَتَامَى وَالمَسَاكِينِ وَابْنِ السَّبِيلِ
[Surah Al-Anfāl: 41]
“Know that whatever you gain as war booty, indeed one-fifth of it is for Allah, the Messenger, the relatives, the orphans, the needy, and the traveler.”
① Jumhūr (Mālik, Abū Ḥanīfah):
The usage of Khums from war booty is the same as that of Fay’.
② Shāfi‘ī:
Its usage is the same as that of Zakāh.
③ Aḥmad ibn Ḥanbal:
Both views are transmitted from him.
[Nayl al-Awṭār: 3/106, Al-Mabsūṭ: 2/211, Badā’i‘ al-Ṣanā’i‘: 2/65, Al-Kāfī by Ibn ‘Abd al-Barr: p. 96, Al-Umm: 2/62, Al-Ḥāwī: 3/335, Al-Mughnī: 4/236]
✔ Preferred View:
There is no clear textual evidence specifying the usage of Khums from Rikāz in the Qur’an or Sunnah.
Thus, it is best to leave its usage to the discretion of the Muslim ruler (Imām al-Muslimīn).
[Al-Albānī: Tamām al-Minnah, p. 378]
Majority (Jumhūr, Ḥanafīs, Amīr Ṣan‘ānī, Al-Albānī):
Rikāz does not need to reach the Nisāb of gold/silver for Khums to be obligatory.
[Tamām al-Minnah, p. 377]
Al-Shawkānī also favors this view.
[Nayl al-Awṭār: 3/106]
Shāfi‘ī, Mālik, Aḥmad, Isḥāq:
They hold that Nisāb must be met.
[Nayl al-Awṭār: 3/106, Al-Mabsūṭ: 2/211, Al-Hidāyah: 1/110, Al-Kāfī: p. 95, Al-Umm: 2/59, Al-Ḥāwī: 3/337, Al-Mughnī: 4/235]
Jizyah (tax) is to be collected from every adult member of the Ahl al-Dhimmah, either monthly or annually, as deemed suitable by the ruler.
It is narrated from Mu‘ādh رضي الله عنه that:
ان النبى صلى الله عليه وسلم أمره أن ياخذ من كل حالم دينارا
“The Prophet ﷺ instructed him to collect one Dīnār from every adult.”
[Ṣaḥīḥ li-Ghayrih: Irwā’ al-Ghalīl: 795, Abu Dāwūd: 3038, Kitāb al-Kharāj wa al-Fay’: Bāb fī Akhdh al-Jizyah, Aḥmad: 5/240, Tirmidhī: 623, Nasā’ī: 5/26, Ibn Mājah: 1803, Ḥākim: 1/398]
✦ Written by: Imran Ayub Lahori
✿ Definition and Types of Wealth Subject to Khums
❖ Ghanīmah (War Booty):
Ghanīmah refers to the wealth obtained during warfare.
[Al-Munjid, p. 618]
This includes both movable property (such as vehicles, livestock, war equipment, etc.) and immovable property (such as land, buildings, and houses) without any distinction.
Further details will be addressed later in Kitāb al-Jihād wa al-Siyar.
[Al-Rawḍah al-Nadiyyah, 1/253]
❖ Fay’:
Fay’ refers to wealth obtained without struggle or warfare.
[Al-Qāmūs al-Muḥīṭ, p. 1031]
Allah ﷻ has outlined the usage of Fay’ in the following verse:
مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ
[Surah Al-Ḥashr: 7]
✿ Hadith on Khums in Rikāz (Buried Treasure)
It is narrated from Abu Hurairah رضي الله عنه that the Prophet ﷺ said:
العجماء جبار والبئر جبار والمعدن جبار وفي الركاز الخمس
“No compensation is due for an animal’s damage, for a well, or a mine — but one-fifth (Khums) is due on buried treasure (Rikāz).”
[Bukhārī: 1499, Muslim: 1710, Abu Dāwūd: 3085, Tirmidhī: 1391, Nasā’ī: 5/45, Ibn Mājah: 2509, Muwaṭṭa: 1/249, Ibn Abī Shaybah: 3/224, Aḥmad: 2/228]
✿ Interpretation of Rikāz Among Scholars
Scholars hold two primary views regarding the meaning of Rikāz:
① Majority Opinion (Jumhūr – Mālik, Shāfi‘ī):
It refers to buried treasure from the pre-Islamic era found in the earth, obtained without significant effort.
② Abu Ḥanīfah and Al-Thawrī:
They hold that Rikāz refers to minerals (Ma‘ādin).
[Nayl al-Awṭār: 3/106, Qawānīn al-Aḥkām al-Shar‘iyyah: pp. 119–120, Mughni al-Muḥtāj: 1/394, Badā’i‘ al-Ṣanā’i‘: 2/65]
The majority refutes the Ḥanafī view using the aforementioned hadith, where minerals and Rikāz are mentioned separately, clearly indicating they are distinct.
◈ Al-Qāmūs al-Muḥīṭ includes both meanings (minerals and buried treasure) under Rikāz.
◈ Ibn al-Athīr states that the term applies to both, but the hadith refers specifically to buried treasure from the era of ignorance.
[Al-Nihāyah: 2/258]
◈ Shaykh al-Albānī concurs: linguistically both meanings are valid, but Islamically, only buried pre-Islamic treasure is meant, as shown in the hadith of Abu Hurairah.
[Tamām al-Minnah, p. 376]
✔ Preferred View: The majority opinion is stronger, as the hadith clearly distinguishes between minerals and Rikāz.
Hence, Rikāz is not subject to Zakāh but to Khums (one-fifth), similar to war booty.
The remaining four-fifths belong to the finder, while Khums is to be deposited into the Bayt al-Māl (Islamic Treasury).
✿ Zakāh on Minerals (Ma‘ādin)
Apart from Rikāz, Zakāh is obligatory on minerals, as indicated in a hadith that the Prophet ﷺ collected Zakāh from the mines of a place called “Qabl.”
[Ḍa‘īf: Ḍa‘īf Abī Dāwūd: 668, Kitāb al-Kharāj wa al-Imārah wa al-Fay’: Bāb fī Iqṭā‘ al-Arāḍī, Irwā’ al-Ghalīl: 830, Abū Dāwūd: 3061, Muwaṭṭa: 1/248, Bayhaqī: 4/152, Ḥākim: 3/517]
Despite the weakness of this narration, the generality of other hadiths proves that Zakāh is due on gold and silver mines.
However, the Ḥanafīs believe Khums applies here too, as they consider Rikāz and minerals to be synonymous.
[Nayl al-Awṭār: 3/107]
Other than these two, Khums is not obligatory on any other form of wealth, as there is no Shar‘i evidence suggesting otherwise.
This is further supported by the principle of Barā’at Aṣliyyah (original freedom from obligation).
✿ View of Abu Ḥanīfah on Khums in All Minerals
Abu Ḥanīfah states that Khums applies to all kinds of minerals, such as iron, copper, and brass.
[Al-Rawḍah al-Nadiyyah: 1/526]
⚠ However, this view is not supported by any authentic hadith.
And Allah knows best.
✿ Qur’anic Basis for Khums in War Booty
وَاعْلَمُوا أَنَّمَا غَنِمْتُم مِّن شَىْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي القُرْبَى وَاليَتَامَى وَالمَسَاكِينِ وَابْنِ السَّبِيلِ
[Surah Al-Anfāl: 41]
“Know that whatever you gain as war booty, indeed one-fifth of it is for Allah, the Messenger, the relatives, the orphans, the needy, and the traveler.”
✿ Opinions on the Usage of Khums
① Jumhūr (Mālik, Abū Ḥanīfah):
The usage of Khums from war booty is the same as that of Fay’.
② Shāfi‘ī:
Its usage is the same as that of Zakāh.
③ Aḥmad ibn Ḥanbal:
Both views are transmitted from him.
[Nayl al-Awṭār: 3/106, Al-Mabsūṭ: 2/211, Badā’i‘ al-Ṣanā’i‘: 2/65, Al-Kāfī by Ibn ‘Abd al-Barr: p. 96, Al-Umm: 2/62, Al-Ḥāwī: 3/335, Al-Mughnī: 4/236]
✔ Preferred View:
There is no clear textual evidence specifying the usage of Khums from Rikāz in the Qur’an or Sunnah.
Thus, it is best to leave its usage to the discretion of the Muslim ruler (Imām al-Muslimīn).
[Al-Albānī: Tamām al-Minnah, p. 378]
✿ Does Rikāz Require Nisāb?
Majority (Jumhūr, Ḥanafīs, Amīr Ṣan‘ānī, Al-Albānī):
Rikāz does not need to reach the Nisāb of gold/silver for Khums to be obligatory.
[Tamām al-Minnah, p. 377]
Al-Shawkānī also favors this view.
[Nayl al-Awṭār: 3/106]
Shāfi‘ī, Mālik, Aḥmad, Isḥāq:
They hold that Nisāb must be met.
[Nayl al-Awṭār: 3/106, Al-Mabsūṭ: 2/211, Al-Hidāyah: 1/110, Al-Kāfī: p. 95, Al-Umm: 2/59, Al-Ḥāwī: 3/337, Al-Mughnī: 4/235]
✿ Jizyah from Ahl al-Dhimmah
Jizyah (tax) is to be collected from every adult member of the Ahl al-Dhimmah, either monthly or annually, as deemed suitable by the ruler.
It is narrated from Mu‘ādh رضي الله عنه that:
ان النبى صلى الله عليه وسلم أمره أن ياخذ من كل حالم دينارا
“The Prophet ﷺ instructed him to collect one Dīnār from every adult.”
[Ṣaḥīḥ li-Ghayrih: Irwā’ al-Ghalīl: 795, Abu Dāwūd: 3038, Kitāb al-Kharāj wa al-Fay’: Bāb fī Akhdh al-Jizyah, Aḥmad: 5/240, Tirmidhī: 623, Nasā’ī: 5/26, Ibn Mājah: 1803, Ḥākim: 1/398]
