Question:
With
respect to the subject of al-Rikaz, it is mentioned in the book, al-Amwal (The
Funds) that there is one fifth of al-Rikaz, and the question is: with respect
to the forms and metals that have a specific significance or express a specific
view about life such as: crosses, and statues that are manufactured from ivory,
is it permissible to possess them if they were from al-Rikaz? Which means:
selling them, benefitting from their costs, and then extracting a percentage of
fifth from them?
Answer:
According
to al-Rikaz, if the material is prohibited, then it is prohibited to own, buy,
or sell it.
Thus,
if a Muslim finds a buried Rikaz that is made up from prohibited material
"crosses, statues", it is prohibited for him to possess it due to its
prohibited form. Hence, it is permissible to break it so as to change its
prohibited form, and sell its broken parts, and the fifth of the cost should be
paid to the Khilafah if it existed since it is paid to the state to spend on
the interests of Muslims and needy. And if the Khilafah was non-existent, the
fifth of the cost should be paid to the poor, needy, and the interests of
Muslims, and the remaining 4/5 percentage is for him.
This
is as long as the statue and the cross are not from the bones of dead because
breaking it won't remove the characteristic of the dead from it.
However,
if it was from the bones of dead bodies or their horns, there is a difference
in opinion between jurists regarding its purity (tahara) or filthiness
(najasah)... The opinion that I outweigh (muraj'ih) is that which says that it
is filthy and the characteristic of the dead bodies is applied on it.
Allah
(swt)
said:
"He says, 'Who will give
life to bones when they are decayed?'" (Yaseen: 78)
The
textual meaning of "yuhyi"
(give life) with the bones shows that the bones of the dead bodies are
considered dead also.
In
conclusion, if the statue or the cross is from any part of a dead body, it is
not permissible to benefit from it even if it is broken because the parts of a
dead body is considered also dead, and its ruling is applied on it.
Or,
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