Is it obligatory to give one-fifth of buried money found and discovered in a house that was purchased as charity?
If the money or treasure bears signs indicating it is from a pre-Islamic (Jahiliyyah) burial, then one-fifth of it must be given in charity. However, if it is from a Muslim burial (bearing Islamic signs), it is considered a 'Luqatah' (found item) and must be announced publicly for a full year. If its owner is not found, it becomes the property of the finder, with the obligation to return it should the owner appear later.
If the treasure is found in land or a house that was purchased or gifted, there is a difference of opinion: The majority of jurists hold that it belongs to the original owner or their heirs. However, Imam Ahmad, in one narration, as well as Abu Yusuf, some Malikis, Ibn Qudamah, and Ibn Uthaymeen, are of the view that it belongs to the finder, because it is not considered part of the land and possession is acquired by its discovery.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 23497
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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