Is it permissible to sell buried foundations (rakāʾiz) in the earth and benefit from their price?
"Rikaz" refers to the buried treasure from the pre-Islamic era (Jahiliyyah) found in the earth, which must bear their ancient markings. If it bears signs of Islam, then it is a lost item (Luqatah). It is not permissible to sell Rikaz while it is still underground due to lack of knowledge about it and the uncertainty of the item being sold. Furthermore, the sale of gold and silver requires immediate possession (Qabd) at the time of the contract. If Rikaz is extracted and it turns out to be gold or silver, its sale for currency necessitates immediate possession at the time of the contract. It is not permissible to sell what has not yet been extracted, because it might be a lost item that requires a year of public announcement, or it might be unknown, or it might be difficult to ascertain its rightful due, which is one-fifth (Khums). Also, the owner of the land does not possess Rikaz merely by owning the land; rather, it is owned by the one who finds and extracts it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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