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Text and translation
English translation
3328. It was narrated from Muḥammad bin ‘Amr, meaning Ibn Abī ‘Amr, from ‘Ikrimah, from Ibn ‘Abbās that a man demanded repayment from a man who owed him ten Dinars and he said: “By Allāh, I shall not leave you alone until you pay me, or bring someone as a guarantor.” He said: “The Prophet ﷺ guaranteed it, and he brought him what he had promised him. The Prophet ﷺ said to him: ‘From where did you get this gold?’ He said: ‘From a mine.’ He said: ‘We have no need of it; there is nothing good in it.’ And the Messenger of Allāh ﷺ paid it on his behalf.” (Hasan)
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Commentary
Al-Khaṭṭābī has explained that the reason for discouraging the payment with gold from the mine is not clear, since mining is not by itself discouraged or unlawful. He stated that the possible reasons include; it may have been a case wherein the owner of the mine sells some of its area to be worked by someone, and he gets whatever he can find in that area, and this is a kind of sale of ambiguity, because the buyer does not know what he will get of ore. And he mentioned that most of the early A'immah disapproved of selling areas of mines. And it could be that because raw gold was not of much use to them, whereas it was coined Dinars that he owed, and there was no one to make Dinars with that gold, because most of the Dinars came from the lands of Rome, and it was not until the time of ‘Abdul-Malik bin Marwān that the Muslims were coining Dinars. And it is possible that there was some other ambiguity in the sale of that ore to that man. In his commentary on Sunan Ibn Mājah, As-Sindī said that perhaps it was because the Khumus had not been taken from that gold, but there is a difference of opinion regarding the
distinction between Rikāz, or buried treasure, and mines; meaning, are they the same in that the Khumus is paid for both, or just for Rikāz and not for mines, and this latter saying is the more common view.
