1824. If a person obtains property that is concealed in the earth, a tree, a mountain or a wall, and its condition is such that it would be considered a treasure trove in the common understanding of the people, then should its value reach its niÒÁb, he will be liable to pay its khums.
1825. If a person acquires a treasure trove from a property that does not have an owner, the treasure trove shall be his, and he will be liable to pay its khums.
1826. If the acquired treasure is silver, its niÒÁb shall be one hundred and five mithqÁl of minted silver. If the acquired treasure is gold, its niÒÁb shall be fifteen mithqÁl of minted gold. Therefore, if the value of the treasure trove of gold or silver reaches their respective niÒÁb, one will be liable to pay its khums after deducting the expenses incurred in obtaining it. Obligatory precaution dictates that if the treasure trove is neither of gold or silver, one should pay its khums after deducting the expenses, even if it does not reach one of the two aforementioned niÒÁb.
1827. If a person finds a treasure trove on a property that he purchased, the treasure trove shall belong to him and he will be liable to pay its khums if he is certain it does not belong to the previous owner of the land. However, if he entertains the possibility that it may belong to one of the previous owners, the obligatory precaution will be to inform him. If one determines that it does not belong to the previous owner, he should inform the person who owned the property before the previous owner. Continuing in this manner, he should inform all persons who previously held ownership of the property. If one determines that it does not belong to any of them, it shall be his, and he will be liable to pay its khums.
1828. If a person finds treasure placed in a number of containers buried in one location, and their combined value is one hundred and five mithqÁl of minted silver in the case of silver, or fifteen mithqÁl of minted gold in the case of gold, he will be liable to pay its khums. However, if he finds them in a number of locations, he will be liable to pay khums for each treasure trove that meets the condition of its niÒÁb. The treasure trove that does not meet the condition of its niÒÁb shall not be liable to khums. However, in both of the aforementioned cases, if the treasure is other than silver or gold, the obligatory precaution will be to pay its khums without taking the condition of niÒÁb into consideration.
1829. If two persons find a treasure trove of gold or silver, and its value is one hundred and five mithqÁl of minted silver in the case of silver, or fifteen mithqÁl of minted gold in the case of gold, obligatory precaution dictates that they should pay its khums even if the value for the share of each person is less than this amount. The same applies for a treasure trove that is not of gold or silver, even if it does not reach the value of niÒÁb.
1830. If a person purchases an animal, and finds some property in its stomach, then if the animal was under the training of the seller, such as a fish that is farmed, or cattle that is fed in one’s house or garden, it is obligatory on him to inform the seller. If it is known that it is not the seller’s property, it shall become the property of the buyer. If it exceeds his yearly expenditure, he should pay its khums.
If the animal was not bred by the seller, such as a fish that is caught from the sea, or an animal that is hunted in the desert, then should the buyer entertain a possibility—acceptable to rational people—that it belongs to the owner, the obligatory precaution will be to inform him. However, if it is known that it does not belong to the seller, it shall belong to the buyer. Therefore, if it exceeds his yearly expenditure, he will be liable to pay its khums.
