Gems obtained by sea diving
1828. If pearls, corals or other gems are obtained from the sea-bed
by diving, whether it is mineral or a growth, if it reaches 3/4 mithqal of gold
in value (= 3.51 g.) Khums should be paid on it, regardless of whether it was
brought up after a single dive or more.
But if the gems were brought up in two different diving seasons, and in each case, the minimum value limit of 3.51 g. of gold was not reached, it will not be obligatory to pay Khums on either. Similarly, when diving is done in partnership, and the share of each partner is not commensurate with 3.51 g. of gold in value, Khums will not be obligatory upon them.
1829. If a person takes out gems from the sea mechanically without diving, it is obligatory on him, as a precaution, to pay Khums on it. But, it he obtains them from the surface of the sea or from the sea-shore, he should pay Khums if his income from this source alone, or in combination with other profits made by him, exceeds his expenses for one year.
1830. Khums on fish and other animals which are caught by a man without diving is obligatory, if his income from this source alone, or combined with other profits made by him, exceeds his expenses for one year.
1831. If a person dives into the sea without the intention of bringing out anything, and by chance lays his hand on a gem, and he intends to appropriate it, he should, as a obligatory precaution, pay Khums on it. As an obligatory precaution, he should pay Khums on it in every situation.
1832. A person dives into the sea and brings out an animal which has a gem in its belly. Now, if that animal is one like a pearl oyster which usually contains a gem, he should pay Khums on it if it reaches the minimum limit in value as explained. And if it has swallowed the gem by chance, then as an obligatory precaution, Khums must be paid on it, even if it does not reach the minimum limit of the value.
1833. If a person dives in big rivers like Tigris and Euphrates, and brings out a gem, he should pay Khums on it if gems are usually produced in those rivers.
1834. If a person dives in water and brings out some ambergris, he should pay Khums on it if it has the minimum limit value = 3.51 g. of gold. If he obtains it from the surface of the sea, or from sea-shore, the same rule will apply.
1835. If a person whose profession is diving or extracting minerals, pays Khums on what he finds, and his income exceeds his expenses for a year, it is not necessary for him to give Khums on them again.
1836. If a child extracts a mineral, or finds a treasure-trove, or brings out gems from the sea-bed by diving, his guardian will have to pay Khums on them. And if the guardian fails to give, then the child will have to pay the Khums when he grows up to be Baligh. Similarly, if child has wealth in which halal and haraam parts are mixed up, the guardian must make that wealth Pak.