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Text and translation
English translation
2511. Sulaim bin Hayyân said: "I heard my father narrate from Abu Hurairah that the Prophet ﷺ said: 'Among those who came before you there was a man who bought
some property and found therein a jar of gold. He said: "I bought land from you, but I did not buy the gold from you." The man said: "Rather I sold you the land with whatever is in it." They referred their case to (a third) man who said: "Do you have children?" One of them said: "I have a boy." The other said: "I have a girl." He said: "Marry the boy to the girl, and let them spend on themselves from it and give in charity." (Hasan)
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Commentary
Buried treasure is the property of the person who found it, provided its ownership is not known.
The total amount of the found treasure should not be used by the founder. Twenty percent of the total amount should be given as Zākat.
In the Name of Allāh, the Most Beneficent, the Most Merciful
'Al-Itq' means 'cease to be personal property and emancipation.' Imām Azhari says 'Ataq' is derived from 'Ataqal-Fars: This phrase is used when a horse wins a race or when a young bird learns to fly and flies away. Young birds, when they learn to fly, are free to go anywhere and they are not dependent on their parents. The word 'Itq' is used for a slave who is granted freedom, and allowed to go any where with his own free will.
'Manumission of slaves' means to emancipate a slave and free him from the disgrace and indignity of slavery.
There are three kinds of freedom enumerated below.
1. Tadbir or Policy: If a master promises his slave that he would be free after his death it is known as Tadbir.
2. Mukātabat or Written Agreement: If a master writes an agreement with a slave to free him for a certain price, and the slave pays the agreed installments, then he is free. This known as Mukātabāt.
3. Umm Walad or Mother of a Son: A master who has sexual intercourse with his slave girl, and she gives birth to a son or daughter. This is known as Umm Walad.
