Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim
Tahqiq, Takhrij, Sharh
Muhadith Zubair Ali Zai
Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari
It is Necessary to Give One Fifth of Buried Treasure for the Sake of Allah
 And with the same chain of narration that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “The wound of an animal is of no account and no compensation is due for it. The well is of no account and no compensation is due for it. The mine is of no account and no compensation is due for it and a fifth is due for buried treasures.”
[GRADING] – [SAHIH]
And narrated by Bukhari (no.2355) from the hadith of Abu Saleh from Abu Hurayrah (RadhiAllaahu Anhu) with the same and its chain is authentic.
[REFERENCES] – [AGREED UPON]
Al-Muwatta (Yahya’s narration (2/868, 869 hadith no.1687, book 43, chapter 18, hadith no.12) at-Tamhid (7/19) and al-Istidhkar (no.1616)
Transmitted by Bukhari (no.1499) and Muslim (no.1710) from the hadith of Malik.
[UNDERSTANDING FROM THE HADITH]
1) If a four footed animal harms a person then there will be no revenge taken on the owner of it, with the condition that the owner of the animal did not cause the harm because of carelessness and mischief (doing it on purpose, as a prank).
Ibn Mahiysah Ansar (reliable, trustworthy tabi’i) narrates from an authentic chain that the camel of Bara Ibn Azib (RadhiAllaahu Anhu) caused harm to someone’s garden so the Messenger of Allah (Sallalaahu Alayhi Wa Sallam) gave the judgement that security (protection, safeguarding) in the day is the job of the wealth (and land) owners and security (protection, safeguarding) in the night is the job of the animal owners. (Sunan Ibn Majah: (no.2332)) if Hiram Ibn Sad Ibn Mahiysah heard this narration from Bara Ibn Azib (RadhiAllaahu Anhu) then the chain is authentic otherwise it is [Mursal] (weak). Because of this, using this narration as a proof is not correct.
2) If a person falls into someone’s well then there will be no penalty (fine) or compensation on the owner of the well on the condition that the owner of the well had no involvement in the fall or falling down of that person.
3) If any person finds an ancient buried treasure then instead of paying Zakah (on it) he will have to take only a fifth out of it in the path (for the sake) of Allah (for the khalifa’s baytul mal or one of the eight types who are eligible for Zakah)