The Ahulbayt in Quran [Electronic resources] نسخه متنی

Khums (one fifth)

We read in the Holy Quran:

Know that whatever
of a thing you acquire, a fifth of it is for

Allah, for the
Messenger, for the near relative, and the orphans

and the needy and
they way farer .

(Quran 8:41)

Thus Khums (literally one fifth of gain) should go to six
people:

1.

Allah

2.

His Messenger

3.

The near relative of the Messenger (Ahlul-Bayt)

4.

Orphan

5.

needy

6.

the person who has fallen away from his
home-town (and has no money to

comeback to his own place).

The portion of Allah goes to His Messenger to be spent for
the path of

Allah.

After the Prophet passed away, and at the
time of the first 11

Imams, the first 3 portions used to go to the Imam of
Ahlul-Bayt to be

spent in the path of Allah.

Now that we have no
access to Imam Mahdi (AS),

a religious scholar will receive the first three portions
(which will be

half of total Khums) who will spend it on behalf of Allah,
His Messenger,

and his Ahlul-Bayt in the path of Allah (like spending it on
the

theological schools or any other things that they feel
necessary in

religious matters).

also, if the scholar does not
have any source of income

and all his effort is for the religion, he can only spend a
portion of what

he receives as Khums for his ordinary expenses which could
provide him an

average or below average lifestyle.

The scholar
does NOT have to be the

descendants of the Prophet (PBUH&HF) to be entitled to
receive Khums.

As for the last three portions, it doesn't go to a scholar.

It
can be

directly spent on the needy people who should be, of course,
the

descendants of the Prophet (PBUH&HF).

Note that
it is forbidden to give

Zakat (another religious tax which both Shia and Sunnis pay)
and charity to

the descendants of the Prophet.

Thus Zakat revenues
and charities go to

those needy who are NOT the descendants of the prophet, while
half of the

Khums goes to those needy people who are the descendants of
the Prophet.

One should also note that during the history of Islam till
now, the

descendants of the prophet were being prosecuted every where
and were

deprived of their rights.

Also a minority among
Muslims continue to pay

Khums (i.

e.

, only Shia follow this Sunnah of the
Prophet).

In other words,

only 20% of all Muslims pay Khums which heavily decreases the
amount of

what the needy descendants of Prophet get from Khums
(=20%*1/2*1/5=2%) when

it is compared with the amount that needy people who are not
the

descendants of the Prophet get through Zakat from all Muslims
(2.

5%) plus

all the charities which could be much more than 2.

5%.

In the verse of Khums mentioned above "ghanimtum"
has been used which has

been translated as 'you acquire'.

As explained
above, it means, 'certain

items which a person acquires as wealth'.

What are
these certain items?

According to the hadiths of the Ahl al-Bayt Imams, the items
that are

eligible for Khums are seven, and they are

1.

the
profit or the surplus of income

2.

the
legitimate wealth which is mixed with the illegitimate

wealth

3.

mines
and minerals

4.

the
precious stones obtained from sea by diving

5.

treasures

6.

the
land which a dhimmi kafir buys from a muslim

7.

the
spoils of war.

However there are some people who interpret the word
ghanimtum as 'whatever

of a thing that you acquire as spoils of war', thus confining
the

obligation of khums to the spoils of war only.

The
interpretation is based

on ignorance of

* the Arabic
langauage

* the history of
khums

* the Islamic laws

* and the
interpretation of the Quran

Please bear in mind that the word ghanimtum has been derived
from al-

ghanimah.

===

The meaning of the word Ghanimtum

===

The famous Arabic dictionary of al-Munjid (Father Louis Maluf
of Beirut)

states, al-ghanim and al-ghanimah means

* what is taken
from the fighting enemies by force

* all earnings
generally

Furthermore the saying "al-ghunm bil ghurm" means
that profit stands

against expenses, i.

e, the owner is the sole proprieter
of the profit and

nobody shares it with him, therefore only he bears all the
expenses and

risk.

For the readers satisfaction, they are also
encouraged to look up

dictionaries like Lisan al-Arab and al-Qamus.

This implies that in the Arabic langauge ' al-ghanimah ' has
two meanings,

one is the spoils of war, and the other is profit.

The
above quoted proverb

also proves profit is not an uncommon meaning.

When
a word in the Quran can

interpreted in more than one way, it is incumbent upon the
muslims to seek

guidance from the Holy Prophet (PBUH&HF) and the Ahl al-Bayt.

==

The History of Khums

==

Khums is one of those things which were introduced by Abdul
Muttalib (RA)

the grandfather of the Prophet (PBUH&HF), and it
continued in Islam when it

was revealed in Quran.

Acting upon a command of God
given to him in his

dream, when Abdul Muttalib rediscovered the well of Zamzam,
he found in it

many valuable things that were buried in it very remote past
by the

Ismailites when they feared that their enemies would usurp
them.

When Abdul

Muttalib found that buried treasure, he gave away one fifth (
literally

khums ) in the way of God and kept the remaining four fifth
to himself.

Then it became a custom in his family to and after the Hijrah
of the

Prophet (PBUH&HF) the same system was incorporated in
Islam.

Thus the first

khums was not given from the spoils of war, but from a buried
treasure (

which is one of the seven items eligible for khums ).

The Islamic Laws

Not a single Islamic school confines the meaning of ghanimah
to the spoils

of war.

In addition to the spoils of war the
following items are subjected

to khums

* minerals:
eligible in the Hanafi and the Shia

* buried treasure:
eligible for all the muslims.

As already mentioned earlier, the interpretation of the Quran
must be based

on the teachings of the Ahl al-Bayt.

The word
ghanimah in the verse under

discussion has been clearly interpreted as "the earned
profit" (al-

fa'idatul muktasabah) by our Imams.

===

Some Sunni References

===

To conclude, we can say that the word ghanima was never
treated as being

confined to the spoils of war by any Islamic school; and as
far as our

Imams are concerned, it meant many things besides the spoils
of war right

from the day of Imam Ali ( peace be upon him ), as many
authentic

traditions show.

What has been quoted above is substantiated from the practice
of the Holy

Prophet (PBUH&HF) as well.

For example when the
Prophet (PBUH&HF) sent Amr

bin Hazm to Yemen, he wrote instructions in which, among many
other things,

he says ' .

.

.

to gather khums of Allah from
the gains [ of Yemenis ].

Please refer to

* Ibn Khaldun, Tarikh Volume 2 part II p54
( Beirut 1971 )

* Ibn Kathir, al-Bidayah wan Nihayah
Volume 5 p76-77 ( Beirut 1966 )

* Ibn Hisham, Sirah Volume 4 p179 ( Beirut
1975 )

And when the tribe of Bani Kilal of Yemen sent Khums to the
Prophet, the

later acknowledges it by saying, ' Your messenger has
returned and you have

paid the khums of Allah from the gains ( al-ghanaim ).

'
Please refer to

* Abu Ubayd, al-Amwal p13 ( Beirut 1981 )

* al-Hakim, al-Mustadrak Volume 1 p395 (
Hyderabad 1340 A.

H )

* Jafar Murtada al-Amili, al-Sahih fi
Sirat al-Nabi Volume 3 p309

( Qum 1983 )

It is very interesting to note that the Bani Kilal obeyed
Prophet's order

and sent the khums of gains to him while no war had taken
place between the

muslims and the un-believers.

This is a clear
indication that khums was not

restricted by the Prophet (PBUH&HF) to the Spoils of War!

The importance given by the Prophet (PBUH&HF) to the
issue of Khums can

also be seen in his advice to the delegation of Bani Abdul
Qays.

It seems

that Bani Abdul Qays ( which was a branch of Rabiah ) was not
a very strong

tribe.

More over in order to travel to Medina, they
had to cross an area

inhabited by the Muzar tribe, which was against the muslims.

Consequently,

the Bani Abdul Qays could not travel safely to Medina except
during the

months in which war fare was forbidden according to the Arab
custom.

Sahih al-Bukhari Hadith: 4.

327
(pages 212-213)

Narrated Ibn Abbas:

The delegates of the tribe of Abdul
Qais came and said: O Allah's

Apostle ! We are from the tribe of
Rabia and between us and you stand

stand the infidels of the tribe of
Mudar, so we cannot come to you

except in the Haram Months.

So
please order us some instructions that

we may apply it to ourselves and
also invite our people left behind us

to observe as well.

' The
Prophet (PBUH) said: I order you to do four

(4) things and forbid you to do four
(4): I order you to believe in

Allah, that is, to testify that None
has the right to be worshipped

but Allah (the Prophet (PBUH)
pointed with his hand) ; to offer

prayers perfectly, to pay Zakat, to
fast the month of Ramadhan, and to

pay the Khums.

Considering the facts that they travelled in the haram months
( when the

war fare ) was forbidden, the circumstances of the Bani Abdul
Qays who were

weak and small in numbers ( evident from their travelling in
the haram

months ), it leaves no room for interpreting the application
of khums in

the above hadith on the spoils of war exclusively! Please
refer for the

above hadith to

* Sahih Bukhari Volume 4 pp 212-213 (
Beirut )

* Abu Ubayd, al-Amwal p13 ( Beirut 1981 )

***************************************************************************

More on Khums

The following discussion is taken from Dr.

al-Tijani's
book, "Ma'a al-

Sadeeqeen -- With The Truthful Ones,", pp 149-153.

Moreover, I used a

Fiqh book based on the teachings of al-Khumeini for some of
the details.

I

also added my own remarks for purposes of clarity.

To begin with, we must quote the Book of Allah (SWT):

"And know that out of all the
booty that ye may acquire, a FIFTH share

is assigned to Allah, and to the
Messenger, and to near relatives,

orphans, the needy, and the
wayfarer,--if ye do believe in Allah and

in the revelation We sent down to
our Servant.

[8:41]"

The above verse is a clear injunction by Allah (SWT), the
Creator of the

Universe, to give out a FIFTH (Khums) of our wealth in the
way of Allah

(SWT) to the needy, orphans, etc.

Let's continue.

The Prophet (PBUH&HF) said:
"I command you to do four things: To

believe in Allah (SWT); to establish
prayer; to pay Zakat; to fast

Ramadan; and to pay the fifth of all
the booty that you acquire for

the sake of Allah (SWT)"

Sunni reference: Shahih al-Bukhari, v4, p44.

Now, the problem with the interpretation of the text is that
the word

"Ghaneema -- Booty" is interpreted by the Sunnis as
that wealth collected

as part of a war.

That is not an accurate
interpretation of the Arabic

word.

The Semitic languages, which Arabic belongs
to, are based on the

verb form, not the noun form.

As such, the
translation of the word

"Ghaneema" is not all that accurate when the word
"booty" is used.

The Shia, in conformity with Allah's (SWT) and His (SWT)
Messenger's

(PBUH&HF) orders, pay 20% (a fifth) of their wealth at
the end of every

year.

In addition, the grammatical usage of the
word "Ghaneema" in Arabic,

as the Shia translate it, means that certain things that a
believer

acquires by way of a profit from a legitimate business deal
or otherwise,

is considered a "Ghaneema," and becomes subject to
the laws and regulations

thereof.

Of course there are exclusions.

Actually, the
Khums is only applicable in

the following areas: First, ANYTHING extracted from the
earth like gold,

silver, metal, oil, and other natural elements is subject to
the Khums.

The minimum value of that which is extracted from the earth
is 20 "dinars",

and one "dinar" is equal to 3.

45 grams gold in
value.

If that minimum is

not met, then the Khums is not required.

Second,
ANYTHING by way of hidden

treasures, if it meets the minimum value requirements, is
also subject to

the Khums.

Third, ANYTHING extracted from the
ocean like pearls, coral,

etc.

.

.

, if it meets the minimum value of 1 dinar,
not 20, is also subject

to the Khums.

Fourth, any EXCESS wealth that has
remained for one year

untouched is also subject to the Khums.

Exclusions to the Khums include,

but are not limited to, gifts, prizes, inheritance, a woman's
dowry, etc.

.

.

The details of the Khums are *VERY* involved, and it is
almost always

necessary to seek the advice of a Mujtahid before the Khums
is taken out.

The Sunnis have rejected that, EVEN though it is in the Book
of Allah

(SWT).

Furthermore, it is narrated in Sahih al-Bukhari,
v2, pp 136-137

that the Prophet (PBUH&HF) stated that any wealth that
was buried under

the ground in the Days of Ignorance (Ayam al-Jahiliyah) is
subject to al-

Khums.

Moreover, Ibn Abbas, THE most trusted
narrator of hadith in the

eyes of the Sunnis, said that pearls extracted from the ocean
are subject

to the Khums also.

It is apparent, that the Khums is NOT restricted to a booty
from a war, as

the Sunnis claim; rather, it extends to all of the above
issues.

If a truly Sunni Islamic nation was to be established, it
would fall short

of fulfilling its financial obligations because it depends on
the Zakat

only, which is only 2.

5% of one's wealth.

Realistically
speaking, can an

Islamic nation, as the Sunnis contend, survive on 2.

5% a
year from the

Muslim Ummah? Can it truly build an infrastructure that
would support the

masses? Can it build hospitals, schools, highways, etc.

.

.

?
No, it CANNOT,

because 2.

5% is NOT enough, not by ANY stretch of the
imagination.

The Khums also serves another VERY IMPORTANT purpose in the
CURRENT Shiite

community.

It helps the Mujtahids maintain an
independence and separation

from the political implications which will happen if a
religious scholar

becomes dependent on the government for his bread and butter.

That is

EXTREMELY important.

The Sunnis scholars in
Muslim countries receive their

salaries from the government, which means that they CANNOT
utter a word of

objection to the policies of the ruler because their source
of income will

be threatened.

The Shiite scholars, on the other
hand, receive NO funding

from the government.

This way, they are free to
dedicate their lives to the

pursuit of justice for the community.

Now, for those wondering how the Shia treat the Zakat, then
follow along.

The Zakat, according to Shiite jurisprudence (Fiqh), is only
applicable to

the following categories: cattle (camels, cows, sheep, and
goats), silver,

gold, dates, raisins, wheat, and barley.

It should be noted however that although Zakat is not
mandatory on other

items the same way that Khumus is, to the Shi'a it is still
encouraged

(mustahab) to give out Zakat on things other than the above
mentioned items

- in a similar way to how Sunnis apply Zakat (i.

e.

2.

5%).

The details on Zakat are not as complicated as the Khums, but
there are

still details to be addressed.

For example, was
the land from whence the

wheat was harvested, irrigated by rain water or regular
water? In

addition, there is a minimum bracket for the number of cattle
that has to

be met for the Zakat to be applicable.

If you
want details, let me know, I

will be more than happy to provide them.

There is also the Zakat al-Fitr, which is paid on the first
day after the

month of fasting, Ramadan, ends.

In conclusion, I appeal to your sense of justice,
objectivity, and fear of

Allah (SWT) to recognize that the Shia are THE followers of
Islam as it

should be implemented.

The Sunni legists have
changed many aspects of the

religion of Allah (SWT), and I am NOT here to trash them; but
be fair and

judge the Shia objectively.

Don't we follow the
Quran better than ANYbody

else? Don't we follow the custom of the Prophet (PBUH&HF)
to the letter?

Don't we use reason to explain our belief, rather than being
blind

followers? Don't we.

Wassalam.