مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٣٨٣ - KHUMS
and finds a gem in its belly and if that animal is one like a pearl
oyster which usually containsa gem, he should pay Khums on it. And if it
has swallowed the gem by chance payment of Khums on it is obligatory if
the income of the person concerned from this source aloneor combined
with other profits made by him, exceeds his expenses for one year.
١٨٣٣. If a person dives in big rivers like
Tigris and Euphrates and brings out a gem, he should pay Khums on if
gems are produced in those rivers.
١٨٣٤. If a person dives in water and brings out
some ambergris he should pay Khums on it. Rather, if he obtains it from
the surface of the water of the sea or fromseashore, payment of its
Khums is obligatory on the basis of precaution.
١٨٣٥. 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 necessaryfor him to give Khums on them
again (i.e. on the income from diving and extracting minerals).
١٨٣٦. If a child extracts a mineral or finds a
treasure-trove or brings out gems from the seabed by diving, no Khums is
payable by him. However, if he owns lawfulproperty which is " f
unlawful property, his guardian should purify that property.
VI. WAR BOOTY
١٨٣٧. If Muslims wage war against the
unbelievers in compliance with the orders of the Holy Imam and, as a
result of the war acquire some property belonging to theenemy, that
property is called war booty (Ghanimat). And it is obligatory to pay
khums on what remains after deducting the expenses of safe custody and
transport etc. of thatproperty and setting aside what the Imam spends
according to his discretion and what is his special right. And on the
basis of precaution the