Al-rikaz is property buried underground whether gold, silver, jewels, pearls or weapons. These could be treasures of ancient peoples like the Egyptians, Babylonians, Assyrians, Sassanid (Persians), Romans or Greeks and include money, currency, jewelry and gems placed in the graves of their kings and leaders or even the remains of their ancient cities that have been destroyed. It also applies to their gold or silver currency placed in jugs and other vessels found hidden in the earth from the Days of Ignorance or past Islamic eras. These are also considered hidden treasures, just like the other things mentioned.
Al-Rikaz is derived from Rakaza, Yarkazu like Gharaza, Yarghruzu i.e. ‘when it is hidden’, so you can say: ‘Rakaza’ the lance when it is planted in the earth. From this is derived ar-Rikz, which is a hidden voice. Allah (swt) ta’ala said:
“...or hear even a whisper (rikz) from them?” [Maryam: 98]
As for minerals, they are what Allah (swt) created in the earth on the Day He created the heavens and the earth or gold, silver, copper, lead and similar substances. Al-m’adin is derived from ‘Adana (in a place), Ya’adanu when he settles in it, and from it the term Garden of Eden is derived as it is a place of residence and eternity. Minerals are of Allah (swt)’s creation and not buried by man and are thus different from the treasure, as the latter has been buried by man.
The principle regarding treasure and mineral is what was narrated by Abu Hurayra that the Messenger of Allah (saw) said: “Regarding the wounded beast there is no indemnity nor punishment (Qisas) and in the treasure its fifth is due.” Also what was narrated by Abdullah bin Amru that the Prophet (saw) was asked of property found in a very ancient ruined place and he said: “In it and in buried treasure is the fifth.” And also what was narrated from Ali bin Abi Talib that the Prophet (saw) said: “And in the Suyyub is the fifth. He said: The Suyyub are the veins of gold and silver that are buried underground.”
Therefore, any property of gold, silver, jewellery, gems and the like buried and found in graves, ruins, cities of ancient peoples, uncultivated land, very ancient ruins, as ascribed to people of ‘Ad, whether from the treasures of the Days of Ignorance or those of Muslims in past Islamic eras, becomes the property of its finder of which he gives a fifth to the Bait ul-Mal.
Thus all small amounts of minerals, gold or silver whether in veins or as raw metal in uncultivated land not belonging to anyone, they belong to the finder who gives a fifth of them to the Bait ul-Mal.
The fifth taken from the finder of treasure and minerals is considered as booty (Fai’) and takes its rule. It is placed in the Bait ul-Mal in the department of Fai’ and Kharaj and it is spent the same way as Fai’ and Kharaj. Its matter is delegated to the Khalifah to spend in taking care of the Ummah’s affairs and fulfilling her interests according to his view and Ijtihad of what is good and beneficial.
From Mujalid from Sha’bi that: “A man found 1,000 Dinars buried in a place outside Madinah so he came with them to ‘Umar ibn Al-Khattab who took a fifth, 200 Dinars and returned the rest to that man. ‘Umar began dividing the 200 among the Muslims present before him until there remained a surplus. ‘Umar said: ‘Where is the owner of the Dinars?’ So he stood before him and ‘Umar said to him: ‘Take these Dinars. They are yours.’”
From al-Harith bin Abi al-Harith al-Azdi that: “His father was among the most knowledgeable people regarding minerals. He met a man who had extracted some mineral so he bought it from him for 100 sheep with their baby lambs. He said: ‘He took it and melted it such that he extracted from it the value of 8,000 sheep.’ The seller said to him: ‘Revoke the trade’ and he said: ‘I will not.’ So he said: ‘I will go to Ali and disclose the matter to him (meaning Ali bin Abi Talib).’ He said: ‘Abu al-Harith has found minerals’ so Ali came to him and said: ‘Where is the treasure that you found?’ He said: ‘I did not find any treasure, rather he is the one who found it and I bought it from him for 100 sheep with their baby lambs.’ So Ali said to him: ‘I don’t see the fifth to be paid except by you.’ He said: ‘So he took the fifth from the 100 sheep.’”
The Hadith of ash-Sha’bi and that of al-Harith clarify that the amount taken by ‘Umar from the finder of the treasure, and Ali from the finder of the mineral, is only one-fifth and the remaining four-fifths is returned to the finder of the treasure and the mineral. The fifth taken is not Zakat but a sort of Fai’. If it were Zakat, it would have been spent like the Zakat expenditure. ‘Umar would not have given the finder some of the treasure for he was rich and Zakat is not allowed for the rich person.
The fifth is taken from whoever finds a treasure or mineral, whether male or female, young or old, sane or insane, Muslim or Kafir Zimmi. The fifth is taken from any amount that is found, irrespective of whether it is small or large.
Whoever finds a treasure or minerals in his property, whether land or buildings, then he owns it, whether he inherited this land and building or bought it from someone else. Whoever finds a treasure or minerals in another person’s land or building, then the treasure or mineral found belongs to the owner of the land or building and not to its finder.
Whoever finds a treasure or minerals in Dar ul-Harb owns it and it becomes Fai’. He has to pay like the one who finds it in dead land or ancient ruins in Dar ul-Islam.
The fifth is obliged in the treasure or mineral the moment it is found. It is not allowed to delay giving it to the Bait ul-Mal.
The mineral owned by its finder is the mineral in limited quantities. As for great quantities, these are not owned by their finder as they are of the public properties that cannot be owned by individuals but are owned by the whole Muslims.