Al-Muwatta Hadith - 17.9

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The Zakat on Buried Treasure (Rikaz)

Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab and from Abu Salama ibn Abd ar-Rahman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace ,said, "There is a tax of a fifth on buried treasure."

Malik said, "The position which we are agreed upon, and which I have heard the people of knowledge mentioning, is that rikaz refers to treasure which has been found which was buried during the jahiliyya, as long as neither capital is required, nor expense, great labour or inconvenience incurred in recovering it. If capital is required or great labour is incurred, or on one occasion the mark is hit and on another it is missed, then it is not rikaz."

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  Syed Husain    
  9 years 45 weeks ago
Ibn Rushd in Bidayatul Mujtahid discusses how the ulema had reached different conclusions pertaining to the implied meaning of this hadith. Imam Dawud had understood that the words of the Prophet (s) should be understood to mean it is always obligatory to wash the hands before making wudu after waking up (which is inline with his literalist methodology of interpretation). Imam Ahmad’s understanding was that he (s) was only referring to sleep that had occurred during the night due to his understanding of the meaning of the word bayaat. Hence, it would not be obligatory on the one who awoke from sleep during the day. Malik and Ash-Shafii understood that the Prophet (s) was implying that it is always recommended (but not obligatory) to wash one’s hand before making the rest of wudu, regardless of whether or not they were sleeping prior to it. The hanafi books of fiqh also convey the same understanding. Ibn Rushd points out that the Prophet (s) was more likely bringing attention to the purity of the water rather than stipulating an additional action of wudu. If the hands are impure or there is some doubt that they are pure, then placing them in a water utensil puts doubt on the purity of the water.
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