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Issue No. 1531Mine

Mine has been Located in other Person's Land

Issue No. 1531- If a person extracts a mineral from the land belonging to another person, it belongs to the owner of the land. And as the owner of the land has not spent anything for extracting it, he [the owner] should pay khums on the entire quantity taken out of the mine. However, if extraction has been carried out by his order, the expenditure should be deducted from the profit of the mine.

Issue No. 1532Mine

Big Mines have been Located in a Mubah

Issue No. 1532- If a mine is massive and located on a mubāḥ or an owned land, a Mujtahid or his representative has the right to supervise the extraction and the expenditure of the minerals for the needs of Muslims. In such a case, the extractors should observe the views of the Mujtahid or his representative.

Issue No. 1535Treasure-Trove

Rules Regarding Treasure-trove Fount in Other’s Land

Issue No. 1535- If a person finds treasure in a land which does not belong to anyone, and the owner of the treasure is not known at all, it becomes his property and he should pay khums on it. And also, if a person finds a treasure in a land which he has purchased from another person and knows that it does not belong to the previous owners of the land, it becomes his own property and he should pay khums on it. In case however, one considers it probable that it belongs to one of them he should, on the basis of obligatory precaution, inform that person about it and if becomes known that it does not belong to him, he should inform the person who owned the land before him. And in the same way he should inform all the persons who were owners of that land earlier. If it turns out that the treasure does not belong to any one of them, it becomes his own property, and he should pay khums on it.

Issue No. 1636Treasure-Trove

Nisab of Treasure

Issue No. 1536- The taxable limit of a treasure is 105 mithqāls (362.88 gms) of silver if it is silver and 15 mithqāls [1](51.84 gms) of gold if it is gold. This means that if the value of anything found as treasure is equal to this amount, it will be obligatory to pay khums on it, but if it is less than that, it will not be obligatory to pay khums on it. And if its value is not equal to 15 mithqāls of gold, but is equal to 105 mithqāls of silver, it is still liable to khums, and the same rule applies to the contrary.

Issue No. 1537Treasure-Trove

Criterion for One Treasure-Trove and Several Treasure-Troves

Issue No. 1537- If a person finds wealth in a number of containers buried in one place, and its total value reaches the taxable limit, he should pay khums on it. However, if he finds several treasures at different places, khums is due on those whose value reaches the taxable limit, and it is not necessary to add them up.

Issue No. 1539Treasure-Trove

SharedTreasure-Troves

Issue No. 1539- If two or more people find a treasure, they will share it and they will act according to the agreement they have made; and if the share of each one of them reaches the taxable limit, it will be liable to khums.

Issue No. 1540Treasure-Trove

Valuables Property Found in Animal’s Gut

Issue No. 1540- If a person purchases an animal, and finds some wealth in its belly, and if he considers it probable that it could belong to the seller, he should, as an obligatory precaution, inform him about it, and if it turns out that it is not his, he should inform the previous owners, and if it turns out that it does not belong to any of them, it will become his own property and the recommended precaution is that he should pay its khums according to the rules prescribed for the khums of minerals, whether its value reaches a taxable limit or not.

Issue No. 1541Treasure-Trove

Gem in the Gut of a Fish

Issue No. 1541- If a person buys a fish and finds a jewel in its belly, it will become his property. Therefore, it will not be the property of the fisherman who caught the fish in the first place and sold it, nor will it be the property of the sellers before him. The recommended precaution is that this person should pay khums on it.

Issue No. 1543Halaal Property Mixed with Haraam Property

If the Amount of Halaal Property is Obvious

Issue No. 1543- If halal property gets mixed with haram property, and the person concerned knows the quantity of the haram property, for example, he knows that one-third of it is haram but the owner of the one-third is unknown to him, as an obligatory precaution, he should spend the one-third for a cause that both khums and ṣadaqa should be spent in (e.g., poor sayyids).

Issue No. 1544Halaal Property Mixed with Haraam Property

if the Owner of Haraam Property is Known

Issue No. 1544- If halal property gets mixed with haram property and the person concerned does not know the quantity of the haram property and yet knows its owner, they should make a compromise with each other. In case the owner of the property does not agree on the compromise, then, if he knows for sure that a certain quantity (for example one-fourth of the property) belongs to him, but he maintains doubt about more than that, it will suffice if he gives him the property about which he is sure belongs to him. However, as for more than that quantity regarding which he was doubtful, he should as a recommended precaution make a compromise with him or pay the amount.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت