4.2 提取地下存在的物质
4.2 Extracting that which exists inside the earth
另一类工作是开采埋藏于地下、并非社会必需之物的东西,即埋藏的宝藏(Rikaz)。按照教法术语,这不是穆斯林集体共有的权利。挖掘到宝藏的人拥有其中的五分之四,并将另外的五分之一作为天课缴纳。
Another type of work is extracting that which exists inside the earth and which is not one of the necessities of the community, namely the hidden treasure (Rikaz). This is not a right for Muslims collectively, as is stated in Fiqh terminology. The one who extracts a treasure possesses four-fifths of it and gives the other fifth as Zakat.
然而,如果它属于社区的必需品,是穆斯林集体的权利,那么它就属于公共财产。确定这一问题的关键在于:如果宝藏是人为埋藏于地下的,或者其数量太少,不足以成为社区的需要,那么它就是宝藏(Rikaz)。而本身天然存在于地下、且为社区所需要的东西,不是Rikaz,而是公共财产。天然存在于地下、社区却不需要的东西,例如采石场——从中开采出建筑石料及其他类似物品——既不是Rikaz,也不是公共财产,而是属于个人财产。 Rikaz的所有权以及以其五分之一作为天课缴纳,有圣训为证。阿姆尔·本·舒艾卜在《奈萨仪》中转述其父,其父又转述其祖父的话:"有人问安拉的使者ﷺ关于路遗(Luqatah,即在地上拾得的东西),他ﷺ说:'如果是在有人行走的道路上或有人居住的村庄里拾得的,你就要描述它并宣告一年:如果其主人辨认出来,就归还给他;否则它就归你。但如果不是在有人行走的道路上或有人居住的村庄里拾得的,那么你就要交出其五分之一,以及宝藏(Rikaz)的五分之一。'" 从空气中提取的物质,例如氧气和氮气,被视同于从地下产出的东西。凡是安拉(SWT)所创造、立法者使其为允许(Mubah)且未限制其使用的事物,也同样适用这一处理原则。
However if it was of the community necessities and a right for the Muslims collectively, then it belongs to the public property. What defines this matter precisely is that if the treasure was hidden in the earth by man’s action or if it was of too small a quantity to become a need for the community, then it would be a treasure (Rikaz). While that which exists originally inside the earth and is needed by the community is not Rikaz but it is a public property. That which exists originally inside the earth and that the community has no need for, such as stone quarries, from where building stones and other such things are produced, is not Rikaz nor a public property, rather it belongs to the individual property. The possession of the Rikaz and giving out a fifth of it as a Zakat, is proven in the hadith where ’Amr ibn Shu’aib narrated in al-Nisai from his father, from his grandfather, who said: “The Prophet (pbuh) of Allah (pbuh) was asked about Luqatah (a thing picked from the ground) and He (pbuh) said: ‘If it was picked from a used road or an inhabited village, you have to describe it and announce it for one year: If its owner identified it, it is restored to him, otherwise it is yours. But if it was not picked from a used road or an inhabited village, then you have to pay a fifth of it and of the treasure (Rikaz).’” Extracting that which exists in the air, such as oxygen and nitrogen is treated as that which is produced from inside the earth. Anything created by Allah (swt) which the Shar’a made Mubah and did not restrict the use of it is also treated similarly.