The Philosophy and History of Khumus
INTRODUCTION
And Know that whatever thing you may gain, a fifth of it is for God and the Apostle, for the relatives and the orphans, for the needy and the traveller, if you have faith in God and what We sent down to Our servant on the Day of Separation, the day when the two hosts met; and God has power over all things. [8:41]
What does Ghanimah literally mean?
The definition which derives from dictionaries is that in the literal root of this word there is nothing about war or that which is gained from the enemy, but it consists of any kind of income. Let us refer to some of the most famous Arabic dictionaries. We read in the book Lisān al-‘Arab, vol. 12:
“Ghanam” means gaining a thing without any hardship.
“Ghanam,” “ghanimah” and “maghnam” are all in the meaning of “fay’” (fay’ also literally means the things which reach a person without labour).
It has been said in hadiths that pawn (rahn) is for the person who takes it and its advantage and benefit (ghunm) is for him, and also its loss (ghurm) is for him. And “ghunm” means the excess, growth and surplus of the price.
“Ghanam” means “gained.”
And we read in the book Tāj āl-‘Arūs, vol. 9:
Advantage (ghunm) is that which a person gains without hardship.
The same is mentioned in Al Qamus. Raghib Isfahani in his Al-Mufradat says that ghanimah is derived from the root ghanam which means “sheep”. He says:
“Then it has been used for everything a person gains from an enemy or a non-enemy”
Even those who restrict khums of ghanimah to spoils of war do not deny that its lexical meaning is broad and includes all things that a person can gain without hardship. In its common use, ghanimah is the opposite of gharāmah, and since gharāmah is broad in its meaning and refers to any kind of penalty and fine, ghanimah must also refer to any kind of notable income. This word has been used in many cases in Nahj al-Balāghah [Compilers note: See original text for five instances mentioned by the author].
Opinion of Sunni Exegetes (Mufassirin of the Quran)
Many exegetes of the Qur’an have explicitly indicated that ghanimah (the root of the verb “ghanimtum”) in this verse has a broad meaning and consists of spoils of war and everything else that one can gain without hardship. Even those who restrict this verse to spoils of war admit that there is no such limitation in its literal meaning and therefore try to find other reasons.
Commenting on this verse, Qurtabi – a famous Sunni exegete – writes:
“Literally, ghanimah is that which a person or a group of people gain without endeavour … and know that the consensus (of Sunni scholars) is that ghanimah in verse 8:41 refers to what Muslims gain via battle and victory over infidels” [Compiler’s note: See original text for four other sunni exegetes’ conclusions that ghanimah means any kind of profit but we (sunnis) restrict it to spoils of war for religious reasons]
In Majma‘ al-Bayān, ghanimah was initially interpreted as spoils of war, but when explaining the meaning of the verse, the author says:
Our (Shi‘ite) scholars believe that khums is obligatory in any profit that a person would make, including profits from business and trade, including profits from business and trade, from treasures or mines from sea diving, etc…..
Allamah Tabataba’i in Al-Mizān refers to the words of linguists indicating the generality of the meaning of ghanimah, even though the verse was revealed in a particular case, i.e. spoils of war. As we know, the criterion is the generality of the meaning of the verse and not the particularity of the case, in which the verse was initially revealed. [Compiler’s note: This is a common occurrence in the Quran and a mechanisms to convey a general message. See original text for two of the many instances in the Quran where this mechanism is applied]
KHUMS IN SUNNI TRADITIONS
Some argue that khums has not been mentioned in any Islamic hadiths except in reference to spoils of war. This claim is clearly baseless. As a matter of fact, khums has been mentioned in Sunni and Shi‘a hadiths in cases other than spoils of war. Of course, in Sunni hadiths some items are mentioned, and in Shi‘a hadiths all items are mentioned. First, we refer to some hadiths from major Sunni collections of hadith which explicitly prove the validity of khums on things other than spoils of war.
1. In Sunan of Beyhaqi, Abu Hurayrah quotes the Prophet (S) as saying: “There is khums in rikāz.” Someone asked: “What is rikāz?” The prophet (S) answered: “Mines of gold and silver which Allah has created in earth on the day it was created.”
2. Anas ibn Mālik reports that a group was travelling with the Prophet (S). On the way, one companion entered the ruins and found a treasure of gold. They weighed it and found that it was worth nearly two hundred dirhams. The Prophet (S) said that it is rikāz and it is obligatory to pay its khums.
3. It has been quoted in Sahih of Muslim from Abu Hurayrah that the Prophet (S) said: “There is khums in rikāz."
The same matter has been also mentioned in Sahih of Bukhari. [ Compiler’s note: See original text for three more sunni ahadith mentioning khums on gifts in addition to mines of gold and silver]
Some Sunni jurists like Abu Hanifah affirm that khums is obligatory in mines and that there is no nisāb (minimum amount) for mines.
[Compiler’s note: We must keep in mind that currency and “savings” did not exist back in the days of the prophet (saw) like they exist today. Gold and Silver back then is probably the closest thing to modern concept of currency and savings. By this logic modern day savings could be in the same category (liable to khums) as ores or mines in those days]
KHUMS IN THE TRADITIONS OF AHL-UL-BAYT (a.s)
4. [Compiler’s note: See original text for a letter by the ninth imam explaining khums and demanding it from people on his way to Mecca]
5. I asked Aba’l-Hasan [Imam Musa ibn Ja‘far (a)] about khums. He replied: “[Khums applies to] everything that people gain from little to many.”
[Compiler’s Note: See original text for discussion on the authenticity of the above ahadith]
[Compiler’s Note: See part III of the original paper for a detailed discussion on the rulings of khums during the occultation of the Imam (a.s)]
ALLOCATING KHUMS FOR SAYYIDS
As we know, half of khums is spent under the supervision of marji‘ on sayyids i.e. the progeny of Hshim, the grandfather of the Prophet (s). Some people who do not have proper understanding of the philosophy behind legislation of khums take this to be a kind of discrimination. [Several points need to be considered as follows]
1. Half of khums which is for the sayyids of the Bani Hashim should be given exclusively to their poor people, for their living expenses for one year; therefore, it would apply only to people who are either retired or ill, children who are orphans, or any poverty-stricken person. Therefore, the sayyids who are able to work and potentially or practically can gain an income which covers their costs of living can never use this part of khums,
2. The needy people of the Bani Hashim do not receive zakat while non-sayyids who are needy may receive zakat.
3. If the share of sayyids is more than their need, then the excess amount should be paid to the Bayt al-Mal, and if the sayyids’ needs are more than their share of khums, they should inevitably be paid from the Bayt al-Mal.
There is an important difference between Khums and Zakat:
Zakat is one of the taxes considered as public assets of the Islamic society; therefore, its usage should be in this same part, but khums is one of the taxes related to the Islamic government. Thus, the costs of the Islamic government and its governor should be provided from this source. Therefore, depriving sayyids from zakat is in fact for leaving no excuse for anybody to think that the Prophet (s) has dominated his relatives on zakat which is a public fund. But at the same time, the needy and poor sayyids should also be provided. This matter has been planned for in Islamic laws in the way that they receive from the money that belongs to the Islamic governor i.e. the Prophet (SAW) and Imams (a) and not the public budget. Therefore, not only is the right of needy sayyids over half of the khums not an extra privilege or advantage for sayyids, but it keeps them away from public benefits to avoid problems.
It should be noted that, according to both Shi‘a and Sunni sources, some members of the Bani Hashim took it as a sign of deprivation that there were not granted the right to benefit from zakat at all [3] [Compiler’s note: See original text for specific hadith]
[Compiler’s note: This ends the excerpts from Ayatullah Shirazi’s paper]
1) Logic and trust: Logic dictates the need of structured guidance in Imam’s occultation and they trust the institution of Marje’a.
3) Logic and Knowledge: Logic dictates the need of structured guidance in Imam’s occultation and they have enough Knowledge to guide themselves. Based on their knowledge they claim that Khums is a necessity.
Khums refers to an obligatory tax which must be paid to the Islamic state. Shia and sunni differ in their opinion on khums. Several groups question the Shia ithna ‘Asheri interpretation and system of khums. Reasons and motives for questioning the structure of Khums are many. We shall list some of the points here and discuss them in more detail later:
1. Challenging the institution of Marjee’a and its motive. Opponents claim that the shia scholars have developed this system for personal benefits. Within this groups there are further categories:
a) The first category views the marjee’a as any other organized corrupt system feeding on illegal money. Some shias are also included in this group.
b) The second category is more politically and religiously inclined. The self sufficiency and financial independence of the institution of marjee’a is seen by them as being harmful to their religious and political agenda. Additionally, by proving Khums as un-islamic, they aim to invalidate the whole system of Marjee’a and with it the structure that sustains shia Fiqh.
2. Some groups claim that the Arabic word “ghanimah” as used in the ayah of khums in the Quran refers only to spoils of war.
3. Opponents / Skeptics also question the history of Khums and claim that there is no record of the collection of khums during the day of the prophet (saw) (and imams).
4. They claim that system of Khums discriminates against the non-syeds by providing the Syeds an additional benefit. Such discrimination is against the teachings of Islam.
We shall talk about these factors in detail. Note that satisfactorily answering 2 and 3 will invalidate argument 1. However, for the sake of completion we will independently discuss 1.
CREATION’S FINITE CAPACITY
Before we jump into the topic in detail, it is worth mentioning some general rules related to our position in front of God and his laws.
All Muslims agree, that it is impossible for human beings in their finite capacity, to fully comprehend the wisdom behind the physical and spiritual laws set forth by the infinite and absolute Lord of the worlds. As a matter of fact, even those who do not believe in a creator and take a materialistic viewpoint of the world believe in this concept. Science can explain how certain events take place but there is no concrete answer as to why they take place. For example, the law of gravitation can mathematically explain the forces between two bodies but is unable to explain the “motives of nature” behind this law. The best we can say is that “it is mother nature”. And this is considered a satisfactory reply among circles of intellectuals.
Fortunately, those who believe in a Creator can partly answer the “why’s”. But still, there is a limit to our comprehension. The Quran teaches us that every creation exists for the sole purpose of glorifying and worshipping the absolute creator. But why would the creator do that?
In reply we go to our previous point. Why does fire burn? Why does light drive away the darkness? Why do bodies attract? And the reply is that it is the very nature of fire, light and bodies because of which these phenomena exist. Similarly, it is indeed the nature of the Creator to create beings to worship Him.
We have been taught to some extent, the wisdom behind the laws set forth by the Almighty but their complete comprehension is impossible for our finite minds. The sunnah of Allah manifests itself in different ways, not all of which are fully comprehensible.
SUNNAH OF ALLAH (SWT)
One of the ways in which Allah (SWT) makes his laws known is by honoring the acts of his pious people. One obvious example, which all Muslims agree upon is the holy pilgrimage to the city of Makkah. All the obligatory rites of the Hajj are indeed a recreation of the acts performed by Prophet Ibrahim (a.s) and his wife Hajar (a.s). Allah has immortalized the actions of his servants by making the same acts obligatory upon all able muslims. Even the best of his creation and the seal of prophets also performed these actions as did his pious household and the holy infallible imams (a.s). Did Allah (SWT) obligate these acts out of His love for Ibrahim (as) and Hajar and the love of their acts or Did He specifically chose them to perform the exact acts which He loved ? Why Ibrahim (a.s) and Hajar (a.s) and not someone else? Scholars will ponder over these and will have opinions, but none can fully comprehend the true wisdom behind the works of Allah. There are many other such examples which link Islamic Shari’a to specific actions in history.
KHUMS - THE IMMORTALIZATION OF AN ACT
“Khums is one of those things which were introduced by `Abdu 'l-Muttalib, the grandfather of the Prophet, and continued in Islam. Acting upon a command of God given to him in dream, when `Abdu 'l-Muttalib rediscovered the well of Zamzam, he found in it many valuable things which were buried in it in very remote past by the Ismailites when they feared that their enemies would usurp them. When `Abdu 'l-Muttalib found that buried treasure, he gave away its 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; and after the hijrah of the Prophet, 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.)” [1]
Imam Ja’far Sadiq (a) has narrated from his forefathers that the Holy Prophet (s) said in his bequest to Ali Ibne Abi Talib (a):
O Ali, Abdul Muttalib, during the period of ignorance, acted on five practices, which Allah, the Mighty and the High, continued in Islam: (till he said) when Abdul Muttalib obtained a treasure trove, he took out Khums from it and donated it to charity; thus Almighty Allah revealed the following verse: “And know that whatever thing you gain, a fifth of it is for Allah…” [2]
[From here on, we will be presenting excerpts from Ayatullah Makarim Shirazi’s paper on Khums titled “Khums : A support for financial independence”. All excerpts are in blue colored text. For references, and the original Arabic text of the ahadith, please refer to this three part series translated by Bahador Shirazian & the translation and team of the Message of Thaqalayn. See ref [3] ]
KHUMS IN THE QURAN
1. Challenging the institution of Marjee’a and its motive. Opponents claim that the shia scholars have developed this system for personal benefits. Within this groups there are further categories:
a) The first category views the marjee’a as any other organized corrupt system feeding on illegal money. Some shias are also included in this group.
b) The second category is more politically and religiously inclined. The self sufficiency and financial independence of the institution of marjee’a is seen by them as being harmful to their religious and political agenda. Additionally, by proving Khums as un-islamic, they aim to invalidate the whole system of Marjee’a and with it the structure that sustains shia Fiqh.
2. Some groups claim that the Arabic word “ghanimah” as used in the ayah of khums in the Quran refers only to spoils of war.
3. Opponents / Skeptics also question the history of Khums and claim that there is no record of the collection of khums during the day of the prophet (saw) (and imams).
4. They claim that system of Khums discriminates against the non-syeds by providing the Syeds an additional benefit. Such discrimination is against the teachings of Islam.
We shall talk about these factors in detail. Note that satisfactorily answering 2 and 3 will invalidate argument 1. However, for the sake of completion we will independently discuss 1.
CREATION’S FINITE CAPACITY
Before we jump into the topic in detail, it is worth mentioning some general rules related to our position in front of God and his laws.
All Muslims agree, that it is impossible for human beings in their finite capacity, to fully comprehend the wisdom behind the physical and spiritual laws set forth by the infinite and absolute Lord of the worlds. As a matter of fact, even those who do not believe in a creator and take a materialistic viewpoint of the world believe in this concept. Science can explain how certain events take place but there is no concrete answer as to why they take place. For example, the law of gravitation can mathematically explain the forces between two bodies but is unable to explain the “motives of nature” behind this law. The best we can say is that “it is mother nature”. And this is considered a satisfactory reply among circles of intellectuals.
Fortunately, those who believe in a Creator can partly answer the “why’s”. But still, there is a limit to our comprehension. The Quran teaches us that every creation exists for the sole purpose of glorifying and worshipping the absolute creator. But why would the creator do that?
In reply we go to our previous point. Why does fire burn? Why does light drive away the darkness? Why do bodies attract? And the reply is that it is the very nature of fire, light and bodies because of which these phenomena exist. Similarly, it is indeed the nature of the Creator to create beings to worship Him.
We have been taught to some extent, the wisdom behind the laws set forth by the Almighty but their complete comprehension is impossible for our finite minds. The sunnah of Allah manifests itself in different ways, not all of which are fully comprehensible.
SUNNAH OF ALLAH (SWT)
One of the ways in which Allah (SWT) makes his laws known is by honoring the acts of his pious people. One obvious example, which all Muslims agree upon is the holy pilgrimage to the city of Makkah. All the obligatory rites of the Hajj are indeed a recreation of the acts performed by Prophet Ibrahim (a.s) and his wife Hajar (a.s). Allah has immortalized the actions of his servants by making the same acts obligatory upon all able muslims. Even the best of his creation and the seal of prophets also performed these actions as did his pious household and the holy infallible imams (a.s). Did Allah (SWT) obligate these acts out of His love for Ibrahim (as) and Hajar and the love of their acts or Did He specifically chose them to perform the exact acts which He loved ? Why Ibrahim (a.s) and Hajar (a.s) and not someone else? Scholars will ponder over these and will have opinions, but none can fully comprehend the true wisdom behind the works of Allah. There are many other such examples which link Islamic Shari’a to specific actions in history.
KHUMS - THE IMMORTALIZATION OF AN ACT
“Khums is one of those things which were introduced by `Abdu 'l-Muttalib, the grandfather of the Prophet, and continued in Islam. Acting upon a command of God given to him in dream, when `Abdu 'l-Muttalib rediscovered the well of Zamzam, he found in it many valuable things which were buried in it in very remote past by the Ismailites when they feared that their enemies would usurp them. When `Abdu 'l-Muttalib found that buried treasure, he gave away its 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; and after the hijrah of the Prophet, 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.)” [1]
Imam Ja’far Sadiq (a) has narrated from his forefathers that the Holy Prophet (s) said in his bequest to Ali Ibne Abi Talib (a):
O Ali, Abdul Muttalib, during the period of ignorance, acted on five practices, which Allah, the Mighty and the High, continued in Islam: (till he said) when Abdul Muttalib obtained a treasure trove, he took out Khums from it and donated it to charity; thus Almighty Allah revealed the following verse: “And know that whatever thing you gain, a fifth of it is for Allah…” [2]
[From here on, we will be presenting excerpts from Ayatullah Makarim Shirazi’s paper on Khums titled “Khums : A support for financial independence”. All excerpts are in blue colored text. For references, and the original Arabic text of the ahadith, please refer to this three part series translated by Bahador Shirazian & the translation and team of the Message of Thaqalayn. See ref [3] ]
KHUMS IN THE QURAN
Khums has been mentioned once in the Quran in Surah al-Anfal (spoils of war).
And Know that whatever thing you may gain, a fifth of it is for God and the Apostle, for the relatives and the orphans, for the needy and the traveller, if you have faith in God and what We sent down to Our servant on the Day of Separation, the day when the two hosts met; and God has power over all things. [8:41]
What does Ghanimah literally mean?
The definition which derives from dictionaries is that in the literal root of this word there is nothing about war or that which is gained from the enemy, but it consists of any kind of income. Let us refer to some of the most famous Arabic dictionaries. We read in the book Lisān al-‘Arab, vol. 12:
“Ghanam,” “ghanimah” and “maghnam” are all in the meaning of “fay’” (fay’ also literally means the things which reach a person without labour).
It has been said in hadiths that pawn (rahn) is for the person who takes it and its advantage and benefit (ghunm) is for him, and also its loss (ghurm) is for him. And “ghunm” means the excess, growth and surplus of the price.
“Ghanam” means “gained.”
And we read in the book Tāj āl-‘Arūs, vol. 9:
Advantage (ghunm) is that which a person gains without hardship.
The same is mentioned in Al Qamus. Raghib Isfahani in his Al-Mufradat says that ghanimah is derived from the root ghanam which means “sheep”. He says:
“Then it has been used for everything a person gains from an enemy or a non-enemy”
Even those who restrict khums of ghanimah to spoils of war do not deny that its lexical meaning is broad and includes all things that a person can gain without hardship. In its common use, ghanimah is the opposite of gharāmah, and since gharāmah is broad in its meaning and refers to any kind of penalty and fine, ghanimah must also refer to any kind of notable income. This word has been used in many cases in Nahj al-Balāghah [Compilers note: See original text for five instances mentioned by the author].
Opinion of Sunni Exegetes (Mufassirin of the Quran)
Many exegetes of the Qur’an have explicitly indicated that ghanimah (the root of the verb “ghanimtum”) in this verse has a broad meaning and consists of spoils of war and everything else that one can gain without hardship. Even those who restrict this verse to spoils of war admit that there is no such limitation in its literal meaning and therefore try to find other reasons.
Commenting on this verse, Qurtabi – a famous Sunni exegete – writes:
“Literally, ghanimah is that which a person or a group of people gain without endeavour … and know that the consensus (of Sunni scholars) is that ghanimah in verse 8:41 refers to what Muslims gain via battle and victory over infidels” [Compiler’s note: See original text for four other sunni exegetes’ conclusions that ghanimah means any kind of profit but we (sunnis) restrict it to spoils of war for religious reasons]
Opinion of Shia Exegetes
In Majma‘ al-Bayān, ghanimah was initially interpreted as spoils of war, but when explaining the meaning of the verse, the author says:
Our (Shi‘ite) scholars believe that khums is obligatory in any profit that a person would make, including profits from business and trade, including profits from business and trade, from treasures or mines from sea diving, etc…..
Allamah Tabataba’i in Al-Mizān refers to the words of linguists indicating the generality of the meaning of ghanimah, even though the verse was revealed in a particular case, i.e. spoils of war. As we know, the criterion is the generality of the meaning of the verse and not the particularity of the case, in which the verse was initially revealed. [Compiler’s note: This is a common occurrence in the Quran and a mechanisms to convey a general message. See original text for two of the many instances in the Quran where this mechanism is applied]
KHUMS IN SUNNI TRADITIONS
Some argue that khums has not been mentioned in any Islamic hadiths except in reference to spoils of war. This claim is clearly baseless. As a matter of fact, khums has been mentioned in Sunni and Shi‘a hadiths in cases other than spoils of war. Of course, in Sunni hadiths some items are mentioned, and in Shi‘a hadiths all items are mentioned. First, we refer to some hadiths from major Sunni collections of hadith which explicitly prove the validity of khums on things other than spoils of war.
1. In Sunan of Beyhaqi, Abu Hurayrah quotes the Prophet (S) as saying: “There is khums in rikāz.” Someone asked: “What is rikāz?” The prophet (S) answered: “Mines of gold and silver which Allah has created in earth on the day it was created.”
2. Anas ibn Mālik reports that a group was travelling with the Prophet (S). On the way, one companion entered the ruins and found a treasure of gold. They weighed it and found that it was worth nearly two hundred dirhams. The Prophet (S) said that it is rikāz and it is obligatory to pay its khums.
3. It has been quoted in Sahih of Muslim from Abu Hurayrah that the Prophet (S) said: “There is khums in rikāz."
The same matter has been also mentioned in Sahih of Bukhari. [ Compiler’s note: See original text for three more sunni ahadith mentioning khums on gifts in addition to mines of gold and silver]
Some Sunni jurists like Abu Hanifah affirm that khums is obligatory in mines and that there is no nisāb (minimum amount) for mines.
[Compiler’s note: We must keep in mind that currency and “savings” did not exist back in the days of the prophet (saw) like they exist today. Gold and Silver back then is probably the closest thing to modern concept of currency and savings. By this logic modern day savings could be in the same category (liable to khums) as ores or mines in those days]
KHUMS IN THE TRADITIONS OF AHL-UL-BAYT (a.s)
It is beyond the constraints of this paper to list the numerous hadiths located in famous Shi‘a texts about khums, the way to spend it, and the things to which khums applies. Approximately eighty hadiths in fifteen chapters on khums are collected from famous Shi‘ite books into the well-known book Wasail-al-Shia.
1. One of our companions wrote to the ninth Imam (a): Inform us whether khums applies to all the things which a person uses, from few and many, from any kind of income and also on crafts workers? And how should it be paid? The Imam wrote with his own handwriting that khums is after the costs of living.
2. Abu ‘Ali ibn Rashid, one of the agents of Imam Jawad (a) and Imam Hadi (a), narrates: I said to the Imam, “You have ordered me to take care of your affairs and take your right (the money that belongs to you). I told this to your followers, and some of them asked: ‘What is the right of the Imam?’ and I did not know what to say.” The Imam (a) replied, “Khums is obligatory on them.” “To what does it belong?” I asked. In their goods and crafts,” he replied. I then asked, “What about people who do business and build something with their hands?” He replied, “Yes provided that if any savings remain after paying their living expenses.”
3. The third hadith is a letter written by Ibrahim ibn Muhammad Hamdani to the Imam: ‘Ali ibn Mahzyar read the letter of your father to me in which your father had ordered owners of water and land should pay one twelfth of their income after subtracting their costs to his holiness, but people whose water and land do not suffice their costs, were exempted from this payment or any other payment. People here disagree about this and say that khums of income is obligatory on water and land, and this is after subtracting the costs, the costs of water and land themselves and their tax, not the living costs of the person himself, his wife, and children. Then Imam replied in writing, and ‘Ali ibn Mahzyar read it as follows: ‘Khums is applicable after subtracting him and his family’s living costs as well as the tax taken by the Sultan (ruler).
4. [Compiler’s note: See original text for a letter by the ninth imam explaining khums and demanding it from people on his way to Mecca]
5. I asked Aba’l-Hasan [Imam Musa ibn Ja‘far (a)] about khums. He replied: “[Khums applies to] everything that people gain from little to many.”
[Compiler’s Note: See original text for discussion on the authenticity of the above ahadith]
[Compiler’s Note: See part III of the original paper for a detailed discussion on the rulings of khums during the occultation of the Imam (a.s)]
ALLOCATING KHUMS FOR SAYYIDS
As we know, half of khums is spent under the supervision of marji‘ on sayyids i.e. the progeny of Hshim, the grandfather of the Prophet (s). Some people who do not have proper understanding of the philosophy behind legislation of khums take this to be a kind of discrimination. [Several points need to be considered as follows]
1. Half of khums which is for the sayyids of the Bani Hashim should be given exclusively to their poor people, for their living expenses for one year; therefore, it would apply only to people who are either retired or ill, children who are orphans, or any poverty-stricken person. Therefore, the sayyids who are able to work and potentially or practically can gain an income which covers their costs of living can never use this part of khums,
2. The needy people of the Bani Hashim do not receive zakat while non-sayyids who are needy may receive zakat.
3. If the share of sayyids is more than their need, then the excess amount should be paid to the Bayt al-Mal, and if the sayyids’ needs are more than their share of khums, they should inevitably be paid from the Bayt al-Mal.
There is an important difference between Khums and Zakat:
Zakat is one of the taxes considered as public assets of the Islamic society; therefore, its usage should be in this same part, but khums is one of the taxes related to the Islamic government. Thus, the costs of the Islamic government and its governor should be provided from this source. Therefore, depriving sayyids from zakat is in fact for leaving no excuse for anybody to think that the Prophet (s) has dominated his relatives on zakat which is a public fund. But at the same time, the needy and poor sayyids should also be provided. This matter has been planned for in Islamic laws in the way that they receive from the money that belongs to the Islamic governor i.e. the Prophet (SAW) and Imams (a) and not the public budget. Therefore, not only is the right of needy sayyids over half of the khums not an extra privilege or advantage for sayyids, but it keeps them away from public benefits to avoid problems.
It should be noted that, according to both Shi‘a and Sunni sources, some members of the Bani Hashim took it as a sign of deprivation that there were not granted the right to benefit from zakat at all [3] [Compiler’s note: See original text for specific hadith]
[Compiler’s note: This ends the excerpts from Ayatullah Shirazi’s paper]
THE OPINIONS OF SHIA PUBLIC REGARDING KHUMS
Whenever a group of intellectuals presents a result based on their research, it generates varying reactions from the public. These reactions are especially pronounced if the physical and financial well being of the public depends upon the acceptance or rejection of the results. There are always four groups of people: I) The believers II) The deniers III) The skeptics and IV) The indifferent. The first three groups may be subdivided in various categories based on the reasoning behind their stance. Some of the reasoning may be based on logic, bias, precaution, trust, mistrust etc.
One classic example is the issue of Climate Change. Among the public there are the logical believers, the scientists and the biased deniers. We also have the conspiracy theorists who are not comfortable with the amount of grant funding being poured into the research. But in reality Climate Change is a scientific issue and any stance that is based on anything other than science has put a huge burden upon itself to maintain its validity.
The issue of Khums is somewhat similar. Generations of shia scholars have unanimously agreed upon the need of Khums as being a major component of religion. Of course, non-Shias do not trust shia maraj’a based on their beliefs which is why they deny khums (as you would expect).
First, let us mention some of the reasons why shias believe in the rulings of Maraj’a regarding khums.
1) Logic and trust: Logic dictates the need of structured guidance in Imam’s occultation and they trust the institution of Marje’a.
2) Logic and precaution: Logic dictates the need of structured guidance in Imam’s occultation but they do not trust the office of Marje’a, (as a whole or in the matter of Khums). However they are not willing to risk denying them all together and facing dire consequences in the next world.
3) Logic and Knowledge: Logic dictates the need of structured guidance in Imam’s occultation and they have enough Knowledge to guide themselves. Based on their knowledge they claim that Khums is a necessity.
4) Bias (blind faith): People who they love and respect believe in marj’ea and khums so they follow along.
Now, let us look at the other side of the picture, i.e the denier and skeptics within shias:
1) No need for marje’a: Logic does not dictate structured guidance - Such a belief arises from their understanding (or lack of understanding) of Tawheed. A correct belief in Tawheed, leads to a comprehension of Allah’s justice. Then follows an understanding that Nabuwah and Imamah arise from Allah’s justice and how marj’ea is linked to Imamah (and eventually to Tawheed).
2) Mistrust: They recognize the need of structured guidance but do not trust the marj’ea. Such individuals must be able to present concrete evidence for their mistrust (at the very least to themselves. The amount of money that shias pay in khums can not be considered as evidence and is hardly an academic objection).
3) Bias (blind rejection): People who they love and respect do not believe in marj’ea and khums so they follow along.
4) Financial well-being: They do not want to pay khums. In order to justify not paying, they take refuge in one of the reasons mentioned above.
A REPLY TO THE SKEPTICS AND DENIERS
If the rulings regarding khums are based on corrupt motives of the maraj’a then surely this is a huge dhulm that they are committing. It is a major conspiracy and someone needs to stand up to this and raise voice against this satanic practice. Then how come, among thousands of maraj’a not even one stands up to them? We do not have a single report of any of the high ranking scholars over the last 1100 years who opposed this “evil” practice. Do they all become corrupt? Each one brain-washed at the hawza? It just seems inconceivable that the people who are supposed to be the guides of the shias have been deceiving them for over a thousand years, yet there is no academic or practical movement against it. It is illogical. On the contrary, there is a unanimous agreement that khums is one of the ten furu’ of the shia faith.
Secondly, if one were to meet the high ranking maraj’a in person they would never make such a claim. Their lifestyles and personalities show zero evidence of financial corruption. There is a huge discrepancy between the selfless, non-materialistic lifestyle that they embrace and the greed for khums money. What have they been doing with all that illegal cash? If they are all billionaires on haram Khums money then why is this not reflected anywhere in their personal lives? Moreover, sometimes maraj’a and their representatives REFUSE to take Khums money for various reasons and direct you elsewhere. How is this compatible with corruption? It is absolutely absurd to think that system of Khums has sinister motives.
CONCLUSION
1. Khums is not a recent invention. The grandfather of the prophet (saw), Abdul Mutallib (a.s) was the first person to have paid khums on buried treasure he found under the well of zamzam. Allah incorporated this act as part of Sharia.
2. The Arabic word of “Ghanimah” used in the ayah of Khums is a broad term including all kinds of gains and not just spoils of war. Most sunnis interpret the meaning of this word by limiting it to spoils of war based on their religious beliefs and not linguistics. Shias do not limit the term.
3. Some sunni jurists (including Abu Hanifah) include gains from mines and ores in ghanimah, based on traditions of the holy prophet (saw).
4. There is overwhelming evidence in Shia traditions pointing towards the collection of Khums by the Imams during their time.
5. Generations of shia ulema unanimously agree that khums is not exempt during the occultation of the Imam (a.s). There are books on Fiqh that deal with this matter in detail.
6. There is no evidence that suggests that the mara’a have corrupt motives in issuing the rulings of Khums.
7. Khums for syeds is not an additional benefit. Not all Syeds are eligible for khums. Syeds cannot get financial assistance from Zakat which is public treasury. Khums on the other hand is treasury of the (islamic) state.
REFERENCES
[1] Syed Muhamad Rizvi - Khums: An Islamic Tax http://www.al-islam.org/khums-islamic-tax-sayyid-muhammad-rizvi/khums-quran-history
[2] Wasailush Shia, Vol. 9, Pg. 496
[3] Ayatullah Nasir Makarim Shirazi - Khums: A support for financial independence part 1-3
Now, let us look at the other side of the picture, i.e the denier and skeptics within shias:
1) No need for marje’a: Logic does not dictate structured guidance - Such a belief arises from their understanding (or lack of understanding) of Tawheed. A correct belief in Tawheed, leads to a comprehension of Allah’s justice. Then follows an understanding that Nabuwah and Imamah arise from Allah’s justice and how marj’ea is linked to Imamah (and eventually to Tawheed).
2) Mistrust: They recognize the need of structured guidance but do not trust the marj’ea. Such individuals must be able to present concrete evidence for their mistrust (at the very least to themselves. The amount of money that shias pay in khums can not be considered as evidence and is hardly an academic objection).
3) Bias (blind rejection): People who they love and respect do not believe in marj’ea and khums so they follow along.
4) Financial well-being: They do not want to pay khums. In order to justify not paying, they take refuge in one of the reasons mentioned above.
A REPLY TO THE SKEPTICS AND DENIERS
If the rulings regarding khums are based on corrupt motives of the maraj’a then surely this is a huge dhulm that they are committing. It is a major conspiracy and someone needs to stand up to this and raise voice against this satanic practice. Then how come, among thousands of maraj’a not even one stands up to them? We do not have a single report of any of the high ranking scholars over the last 1100 years who opposed this “evil” practice. Do they all become corrupt? Each one brain-washed at the hawza? It just seems inconceivable that the people who are supposed to be the guides of the shias have been deceiving them for over a thousand years, yet there is no academic or practical movement against it. It is illogical. On the contrary, there is a unanimous agreement that khums is one of the ten furu’ of the shia faith.
Secondly, if one were to meet the high ranking maraj’a in person they would never make such a claim. Their lifestyles and personalities show zero evidence of financial corruption. There is a huge discrepancy between the selfless, non-materialistic lifestyle that they embrace and the greed for khums money. What have they been doing with all that illegal cash? If they are all billionaires on haram Khums money then why is this not reflected anywhere in their personal lives? Moreover, sometimes maraj’a and their representatives REFUSE to take Khums money for various reasons and direct you elsewhere. How is this compatible with corruption? It is absolutely absurd to think that system of Khums has sinister motives.
CONCLUSION
1. Khums is not a recent invention. The grandfather of the prophet (saw), Abdul Mutallib (a.s) was the first person to have paid khums on buried treasure he found under the well of zamzam. Allah incorporated this act as part of Sharia.
2. The Arabic word of “Ghanimah” used in the ayah of Khums is a broad term including all kinds of gains and not just spoils of war. Most sunnis interpret the meaning of this word by limiting it to spoils of war based on their religious beliefs and not linguistics. Shias do not limit the term.
3. Some sunni jurists (including Abu Hanifah) include gains from mines and ores in ghanimah, based on traditions of the holy prophet (saw).
4. There is overwhelming evidence in Shia traditions pointing towards the collection of Khums by the Imams during their time.
5. Generations of shia ulema unanimously agree that khums is not exempt during the occultation of the Imam (a.s). There are books on Fiqh that deal with this matter in detail.
6. There is no evidence that suggests that the mara’a have corrupt motives in issuing the rulings of Khums.
7. Khums for syeds is not an additional benefit. Not all Syeds are eligible for khums. Syeds cannot get financial assistance from Zakat which is public treasury. Khums on the other hand is treasury of the (islamic) state.
REFERENCES
[1] Syed Muhamad Rizvi - Khums: An Islamic Tax http://www.al-islam.org/khums-islamic-tax-sayyid-muhammad-rizvi/khums-quran-history
[2] Wasailush Shia, Vol. 9, Pg. 496
[3] Ayatullah Nasir Makarim Shirazi - Khums: A support for financial independence part 1-3
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