Treasure - Trove
1815. A treasure trove is a property which is hidden underground, or
in a tree or a mountain or a wall, and someone finds it out. It should be in
such form that it can be called a treasure-trove.
1816. If a person finds a treasure-trove in a land which does not
belong to anyone, he can appropriate it, but he must pay Khums on it.
1817. The taxable limit of a treasure-trove is 105 mithqals of coined
silver or 15 mithqals of coined gold. It means that any thing found in the
treasure should be equal to the above mentioned value of either of the metals
before it becomes liable for Khums.
1818. If a person finds a treasure-trove in a land which he has
purchased from another person, and knows that it does not belong to the previous
owners of the land,nor does it belong to any other Muslim or a Zimmi who may be
themselves alive, or their heirs, he can take it as his property, but he must
pay Khums on it.
But if he has a strong feeling that the treasure may belong to the previous owner of the land, since the land and all in it was in his sole control, he should inform the previous owner. If it turns out that the treasure is not his, he should inform the owner preceding the previous owner, and so on, and if he finds out that the treasure did not belong to them, he can appropriate it, but he must pay Khums on it.
1819. If a person finds wealth in many containers buried at one place,
and its total value is 105 mithqals of silver or 15 mithqals of gold , he should
pay Khums on it. However, if he finds the treasure-trove at several places, it
is obligatory on him to pay Khums on each one of those treasures whose value
reaches the minimum taxable limit, and no Khums is payable on the treasure-trove
whose value is lesser.
1820. If two persons find a treasure-trove whose total value reaches
105 mithqals of silver or 15 mithqals of gold, they would not pay Khums on it if
the share of each one of them may not come to the minimum taxable limit.
1821. If a person purchases an animal, and finds some valuables in its
belly, it is necessary for him to inform the seller or the previous owner about
it, provided that he has a strong feeling that it could belong to either of
them, and that they owned it together with what was in the belly of the animal.
But if he finds that it does not belong to either, as an obligatory precaution, he will pay Khums on it, even if its value is less than the minimum limit. This rule applies to fish and its like, if they were looked after in a special place like fish farm, and someone supervised its feeding. But if the fish was caught from an open sea or a river, then it is not at all necessary to inform anyone.