5. Gems from sea diving

1887. If pearls, corals or other gems are obtained from the sea-bed by diving, whether it is mineral or a growth, if it reaches 18 Nokhod 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. Or it is from one quality or more, but if several persons find it and each share is more than 18 Nokhod, Khums must be paid.

1888. If a person takes out gems from the sea mechanically without diving, it is obligatory on him, as a recommendatory precaution, to pay Khums on it. After deducting expenses and if its value is more than 18 Nokhod of gold. But, it he obtains them from the surface of the sea or from the seashore, he should pay Khums if this is his job and his income from this source alone, or in combination with other profits made by him, exceeds his expenses for one year.

1889. 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.

1890. 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, pay Khums on it.

1891. 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 of 18 Nokhod gold 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.

1892. If a person dives in big rivers like Tigris and Euphrates, and brings out a gem, he should pay Khums limit of the value.

1893. If a person dives in water and brings out some ambergris, he should pay Khums on it if it has the minimum limit value 18 Nokhod of gold. If he obtains it from the surface of the sea, or from sea-shoe, even if it does not reach the limit, as an obligatory precaution, Khums must be paid.

1894. 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.

1895. If a child extracts a mineral, or finds a treasure-trove, or brings out gems from the seabed by diving, his guardian will have to pay Khums on them. Similarly, if child has wealth in which Halal and Haraam parts are mixed up, the guardian must pay its Khums.