Alhassanain(p) Network for Heritage and Islamic Thought

Khums, the Fund of Independence of Bayt Al-Mal

Author(s): Ayatullah Naser Makarem Shirazi

Translator(s): Bahador Shirazian

www.alhassanain.org/english

In this booklet, our purpose is not to discuss about all sources of income of Islamic Bayt Al-Mal and costs and usages, but we only want to talk about “Khums”

Notice:

This workis published on behalf of www.alhassanain.org/english

The typing errors are n’t corrected.

Table of Contents

Poisonings Acts of Hypocrites 5

Khums, One of Important Islamic Financial Resources 6

Purpose of the Objectors 8

Note 9

Is Khums Exclusive to Spoils in Qur’an? 10

Opinion of Commentators 13

Notes 15

Khums in Sunni Cabbalas 16

Notes 17

Khums in Cabbalas of Ahlul Bayt (a.s.) 19

Précis of Ahadith of Khums 22

Notes 30

Has Khums Been Forgiven during the Absence of Imam Zaman (a.s.)? 32

Notes 37

Had Khums Been Taken from People at the Beginning of Islam? 38

Notes 39

Is allocating Khums for Sadat Discrimination? 40

Notes 42

Poisonings Acts of Hypocrites

There are only few jobs easier than “poisoning” the minds of people who have not extended knowledge of a matter, because this is like destroying a building. Sometimes it takes several years to build a building, while it is possible to destroy it in only few seconds.

Therefore, if we see that evil temptations of frails around us have effects on some simple thoughts, it is neither because of power and logic of tempters nor weak principles of Islam, but this is the attribute of poisoning among people who have not enough knowledge of a matter; and the best of fighting this poisoning is to increase the level of knowledge of people in Islamic matters, because if the sun of science and knowledge rise in hearts then witch moths will hide themselves rapidly.

Accordingly, it is decided, by almighty god’s will, to prepare and publish brief and precise but calculated and logical booklets in different Islamic issues and those which are related to Shiite and Ahlul Bayt (a.s.) that hypocrites poisoning on them for informing the public in order not to remain a place for cavillers.

Here it is necessary to acknowledge respectful scholars Ahmadi, Ashtiani, Imami,Imani and Asadi who helped in collecting the contents of this booklet.

Qom, Amiral Mu’minin School

Nasir Makarim Shirazi

Khums, One of Important Islamic Financial Resources

Thepoint which should be noticed before anything else in this discussion is that:

With little study in history and “teachings” of Islam it clears that this religion was not only series of moral and belief orders and rulings about the origin and afterlife, but it bring a governing system with itself which guarantied all needs of a pure and advanced society, and surely one of pillars of his government had been constituting the Bayt Al-Mal (house of wealth; bursary) for eliminate financial needs.

Islamic Bayt Al-Mal (also Baitulmal) which had been founded by entering Prophet (S) to Medina and establishing Islamic government was consisted offunds which were collected from several sources:

1 - From “Zakat” (Islamic concept of tithing and alms)

2- From “Khums” (one fifth; a kind of Islamic tax)

3 - From “Anfal” (Spoils and also public resources)

4 - From “Kharaj” (Islamic tax on agricultural land)

5- From “Jizya” (tax taken from religious minorities) which any of them has an explained section in Islamic Fiqh and exclusive orders andrulings.

Here in this booklet, our purpose is not to discuss about all sources of income of Islamic Bayt Al-Mal and costs and usages, but we only want to talk about “Khums”, because some people protest that:

“Why Khums has been extended in Shi’aa and consists of any income, while firstly, Khums has been mentioned in holy Qur"an only for spoils and secondly, we have no historic record in which Prophet (S) or Ali (a.s.) or caliphs had took Khums from any source other than spoils while Shiite scholars and Faqihs insist that Khums means one fifth of surplus of income, and it is not limited to spoils of war but any income that can be made from agriculture or ranching, industry or business, working or any other sources.

A person should pay one fifth of his savings after subtracting costs for one year from any income that he had and pay it to Bayt Al-Mal in order to spend in defined usages, and they have no clear proof for this extending; and therefore Sunni scholars are not believed on Khums other than spoils of war and if we assume that Khums has some extending cases and advancements it is forgiven during the major absence of Imam Zaman (a.s.)!”

Here, some mattersshould be discussed accurately:

1- What is the “Purpose of the Objectors” from this much of brabble about the issue of Khums?

2- Is Khums exclusive to spoils of war in Qur’an?

3- Is Khums exclusive to spoils of war in cabbalas of Prophet (S)?

4- What do cabbalas of “Ahlul Bayt of Prophet (S)” say to us about this matter?

5- Has Khums been “forgiven” during the absence of Imam Zaman (a.s.)?

6- Had Khums been taken from people at the beginning of Islam according to history?

7- Is allocating Khums for Sadat (pl. of Sayyid) Discrimination?

Purpose of the Objectors

Some people try hard for proving two issues: one of them is the issue of unnecessity of Taqlid (following in religious rulings) and the other is the issue of unnecessity of Khums, and we can see clearly that matter has gone far from scientific discussions and has formed into brawling and demagoguism and we know that whenever a discussion goes far from the scientific form and enters into this kinds of paths, surly there are some news behind the curtains and other purposes has made that.

Evidences show that this group has began to fight with these two issues with a calculated plan, because they see that until spiritual leadership of society is performed by great Islamic scholars and Shiite Maraje’ (pl. of Marja’, person whom others follow him in rulings) and they have financial independence added to their deep influence in society, they are not capable of executing their evil plans for destroying the Islamic beliefs of people and nations, and at this moment they have chosen two sensitive points:

First point is the issue ofTaqlid which according to that each Muslim should be either Mujahid (Islamic scholar who is engaged in several Islamic fields of knowledge) or refer to a Mujtahid in matters about Islamic rulings and follow his orders.

They assumed that if they cut this scientific and spiritual relationship between people and religious leaders by poisoning in the issue of Taqlid, they can easily destroy the thoughts of people and until this relationshipis connected penetration of them is very hard.

Therefore, they invite people to disconnect this connection explicitly in some booklets, while we know that the issue of referring to knowledgeable persons is from self evident matters in all aspects of life and any person refers to knowledgeable persons in daily life in medical, architectural, pharmaceutical and other matters and also according to this fact if a person cannot understand Islamic matters from Qur"an and tradition by himself/herself, refers to a scholar.

But they have arisen against this self evident matter for providing their own profits and invite people to disconnect any scientific relation with their spiritual leaders.1

Another matter that they have chosen is the issue ofKhums and how calculated and planned they have chosen that .

Because we know that the share of Imam which is half of Khums is the financial fund of Shiite seminaries and propagation plans and cultural activities and briefly any religious of scientific activity which needs money; If oppositions of Shi’aa can prevent people from paying Khums and share of Imam by their poisoning, then they can reach one of their goals which is weakening our seminaries or changing their path.

In more clear way, existence of this Islamic order and act of some Muslims to that caused the complete independence of spiritual seminaries and scientific and propagating programs, because we know that the first condition of independence of an organization is its financial independence and this matter executed well in the world of Shi’aa by this Islamic order while the society of Sunni scholar has missed its independence because of ignorance of this order.

Especially, on one great Sunni scholars from Syria who had visited Qom seminary and also other different religious institutions in other cities, had been amazed that how the costs of these programs are provided, and when he noticed to the issue of Khums and share of Imam in programs of Shi"aa, he impressed so much that in return to his country one of his advices to his friends was to pay the Khums.

It is wonderful that others wish to execute these programs and achieve this greatprivilege which is complete independence in religious programs by them, but obstinate despiteful persons insist on taking this privilege from us.

But , they should know that lots of people have informed about this conspiracy and have known about their evil purposes, and accordingly it seems so unlikely that they can achieve their goals, and their fiasco can be predicted by now, and their plan is like a drawing on the water!

Note

1. Ithas been discussed about the issue of Taqlid and all objections about it in an individual explained booklet and all points about the matter have been cleared.

Is Khums Exclusive to Spoils in Qur’an?

The issue of Khums has only been mentioned once in holy Qur"an (and also it is not only Khums which has been mentioned in one verse, but there are lots of rulings of Qur"an which have been mentioned only once in Qur"an and there is no doubt that, this one time expression is enough).And that is verse 41 of Sura Anfal:

وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ إِنْ كُنْتُمْ آمَنْتُمْ بِاللَّهِ وَمَا أَنْزَلْنَا عَلَىٰ عَبْدِنَا يَوْمَ الْفُرْقَانِ يَوْمَ الْتَقَى الْجَمْعَانِ وَاللَّهُ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ

And know that out of all the booty that ye may acquire (in war), 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 on the Day of Testing,- the Day of the meeting of the two forces. For Allah hath power over all things. (8:41)

Importantmatter which should be noticed in this verse and in fact all the issue concentrates on it is that does the advantage which has been mentioned in this verse only consist of spoils of war or expands to any kind of income.

In the first form, this verse only expresses the spoils of war and for Khums of other things we should use tradition, news and correct and reliable cabbalas and there is no problem in that Qur"an points to a part of ruling in proportion and other parts express in tradition.

For example, quintet daily prayer has been mentioned explicitly in holy Qur’an, and also it has been pointed to the prayer of Tawaf (circumambulate the Ka’ba) which is one of obligatory prayers, but nothing has been mentioned about Ayaat (signs) prayer which is agreed by all Muslim, Shiites and Sonnies, and Ghazaa prayer and like them; and we cannot find anyone who says because Ayaat prayer has not been mentioned in Qur’an and it is only available in tradition of Prophet (S) should not be performed, or because it has been pointed to some Ghusls (full ablution) in Qur"an and nothing has been said about some other Ghusls, therefore we should abstain from them. This is alogic which no Muslim accepts.

Therefore, there is no problem that Qur"an has expressed only a part of cases of Khums and has leaved the others to tradition, and there are lots of issues like this in Islamic Fiqh and those who know even a little about issue of Fiqh have understood this matter completely; but we should find that what the meaning of advantage (غنیمت ) literally and in commonsense is.

Indeed, is it exclusive to spoils of war or it consists of any kind of income?

Thedefinition which derives from dictionaries is that in the literal root of this word there is nothing about war or the things which is gained from enemy, but it consists of any kind of income. We refer to some parts of famous dictionaries asevidence which are all accepted by Arab scientist and litterateurs:

We read in the book “Lisan Al-Arab” (Tongue of Arab), vol. 12:

و الغنم: الفوز بالشّىء من غیر مشقّة و... الغنم،الغنیمة و المغنم، الفىء... و فى الحدیث الرّهن لمن رهنه له غنمه و علیه غرمه، غنمه زیادته و نمائه و فاضل قیمته... و غنم الشّىء غنما: فاز به

“غنم ” means gaining a thing without any hardship and “غنم”, “غنیمت ” (advantage) and “مغنم ” are all in the meaning of “فیء ” (and also “فیء ” has been meant literally as the things which reach a person without labor …) and it has been said in Hadith that pawn is for the person who has taken that pawn and its advantage (غنیمت ) and benefit is for him, and also its compensation and loss is for him, and “غنم ” means the excess, growth and surplus of the price … he take that as an advantage (غنیمت ) means that he gained that …

And we read in the book “Taj Al-Arous” (the bride’s brown), vol. 9:

والغنم الفوز بالشیء بلا مشقّة !

Advantage (غنیمت ) is the thing that person gains without hardship!

And also in the book “Al-Qamoos” it has been mentioned with the same meaning.

And in the book “Mufradat” by Ragheb “غنیمت ” has been said to be derived from the root “غنم ” in the meaning of “sheep” and then it says:

ثم استعمل فى کل مظفور به من جهة العدى و غیرهم

Then ithas been used in all things which person gains from enemy or non-enemy.

Even persons who consider one of the definitions of “غنیمت ” as spoils of war do not deny that its main meaningis more expanded which implies to all things that a person can gain without hardship.

In common use advantage “غنیمت ”is used against Fine “غرامت ” and as the meaning of fine is an expanded meaning and consists of any kind of fine, also advantage “غنیمت ” has an expanded meaning and implies to any kind of notable income.

This wordhas been used in many cases in “Nahjul Balagha”:

We read in sermon 76:

اِغْتَنَمِ الْمَهَلْ

Take advantage from opportunities.

And we read in sermon 120:

مَنْ اَخَذَ بِها لَحِقَ وَ غَنِمَ

Person who acts as the religion of Allah finds happiness and takes advantages.

And he says in letter 53 to Malik Ashtar:

وَ لا تَکُونَنَّ عَلَیْهِمْ سَبُعاً ضارِیاً تَغْتَنِمُ اَکْلَهُمْ

Do not be like a cruel animal against people of Egypt in the way that consider eating them as an advantage غنیمت ” and a kind of income for yourself!

And he says in letter 45 to Osman ibn Hanif:

فَوَ الله ما کَنَزْتُ مِنْ دُنْیاکُم تِبْرأَ وَلا اَدَّخَرْتُ مِنْ غَنائِمِها وَفْراً

I swear to Allah that I did reserve no gold from your world, and I did no saving from its advantages or incomes!

And it is in quotes, in sentence 331:

اِنَّ الله سُبْحانَهُ جَعَلَ الطّاعَةَ غَنِیمَةَ الاْکْیاسِ

Indeed pure Allah has made obedience as advantage and benefit of tactful people.

And we read in letter 31:

وَ اغْتَنِمْ مَنِ اسْتَقْرَضَکَ فى حَالِ غِناکَ

If a person asks you for a loan when you are rich, consider this as an advantage "غنیمت "

And there are lots of expressions like these.

Opinion of Commentators

Lots of commentators who have discussed about this verse explicitly confessed that Advantage (غنیمت ) has mainly a vast meaning and consists of spoils of war and other than them and generally all that a person could gain without hardship. Even those who consider this verse exclusive to spoils of war confess that there is no such a limitation in its main meaning, but for another reason its meaning has been limited.

“Ghartabi”, famous Sunni commentator, writes below this verse in his interpretation:

“Literally, “advantage” (غنیمت ) is the thing that a person or a group of people gain with endeavor … and know that the consensus (of Sunni scholars) is that the meaning of advantage (غنیمت ) in the verse “ وَ اعْلَمُوا اَنَّما غَنِمْتُمْ ” is assets which reach Muslims by fight and victory over infidels, but it should be considered that this limitation is not in its literal meaning as we said before, but this bond has been set in the common law of religion”.

“Fakhr Raazi1 ” affirms in his interpretation that:“ الغنم الفوز بالشیء (advantage is that a person gains something”.And then after expressing this vast literal meaning adds: “Religious meaning of advantage (غنیمت ) (in opinion of Sunni scholars) is spoils of war”.

And also in “Al-Manar2 ” interpretation, the definition of advantage (غنیمت ) has been expressed in its vast meaning and it has not been limited to spoils of war, although author believes that according to religious bond the vast meaning of this verse should be limited to spoils of war.

Also it has been mentioned in the interpretation of “Rooh Al-Ma’aani” written by Aloosi, famous Sunni commentator, that:

“Mainly, “غنم ” (three word root of غنیمت in Arabic) means any kind of interest and benefit”.3

And in “Majma’ Al-Bayan” interpretation first advantage has been interpreted in the meaning of spoils of war, but during the explanation of the meaning of the verse it says:

قال اصحابنا انّ الخمس واجب فى کلّ فائدة تحصل للانسان من المکاسب و ارباح التّجارات، و فى الکنوز و المعادن و الغوص و غیرذلک ممّا هو مذکور فى الکتب، و یمکن ان یستدلّ على ذلک بهذه الایة فانّ فى عرف اللّغة یطلق على جمیع ذلک اسم الغنم و الغنیمة

Shiite scholars believe that Khums is obligatory in any benefit that a person would gain, consisting of it is from business, or from treasure or mine and anything that derives from the sea by diving, and other jobs that has been mentioned in Fiqh books, and it is possible to ratiocinate with this claim about this verse because advantage (غنیمت ) implies to all of these in its common meaning”.4

It is amazing that some partial persons who seems to have a special mission for poisoning the common thoughts, have tried a funny falsification in their book which have written about Khums in the expression of Majma’ Al-Bayan interpretation; they have mentioned the first part of the expression which guaranties the interpretation of advantage (غنیمت ) in the meaning of spoils of war (according to the opinion of some commentators), but they have ignored the explanation about the generality of literal meaning of the word and the meaning of the verse completely and have ascribed a false matter to this great Islamic commentator, maybe they thought they are the only persons who have the book “Majma’ Al-Bayan” and nobody will read that book in order to reveal their lie to everyone and it is strange that they did not perform this betrayal only about this matter, but in other cases anything that might have benefit has been mentioned and anything that might be the opposite direction has been ignored.

Also it has been affirmed in Al-Mizan interpretation according to the words of scientists of literature that advantage (غنیمت ) is any benefit that person gains from business, working or the war and although the point for descending of the verse is spoils of war but we know that never the point particularizes the generality of definition.5

Itis concluded from all that has been said:

The verse of advantage (غنیمت ) has a vast meaning and consists of any kind of income,interest and benefit, because literal meaning of this word has a vast meaning and there is no clear proof about particularizing it in hand.

The only thing that some of Sunni commentators refer to, is that the verses before and after this verse are about Jihad and this matter shows that the verse of advantage (غنیمت ) points to spoils of war in proportion.

While we know that the reasons of descending or the direction of discussion in Suras never particularize the generality of a verse; and in more clear way, there is no problem in that the meaning of the verse to be a general and overall definition while the reason of descending the verse is one sample of that general and overall concept.

For example, we read in verse 7 of Sura Hashr:

وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا

… So take what the Messenger assigns to you, and deny yourselves that which he withholds from you. (59:7)

This verse says a general order about the necessity of obeying Prophet (S), while the case for descending wasassets which has been taken under the ownership of Muslims from enemies without war (and the term “فیء ” is used for them).

And also in verse 233 of Sura Baqara:

… لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا …

no soul shall have imposed upon it a duty but to the extent of its capacity; (2:233)

has been mentioned as a general rule while the case for descending was about paying women who feeding babied and it has been ordered to the father of infant to pay according to his ability; but can reference of the verse to this special matter prevent the generality of this rule (not to do more than the ability)?!

Briefly, this verse has been said among the verses of Jihad but it says: Payone fifth (Khums) of any income that you gain from any source (which one of them is spoils of war). Specially the relativeword ” (any) and the word “شیء ” (thing) which are two general and without any bond or condition words emphasize this matter.

Notes

1. Fakhr Raazi interpretation, vol. 15, page 164.

2. Al-Manar interpretation, vol. 10, pages 3-7.

3. Rooh Al-Ma’aani, vol. 10, page2 .

4. Majma’ Al-Bayan interpretation, vol. 4, pages 543 &544.

5. Al-Mizan interpretation, vol. 9, page 89.

Khums in Sunni Cabbalas

Some people say that in none of Islamic cabbalas Khums has been mentioned in a case other than spoils of war and incabbalas it has been talk about Khums exclusively for spoils of war.

This claim is one of baseless claims and is a sign of ignorance of the person who has said this about Islamic Ahadith, because Khums in other than spoils of war has been mentioned in Sunni cabbalas and also Shiite cabbalas (but in Sunni cabbalas only some parts of Khums have been mentioned, while in Shiite cabbalas all of them have been expressed).

First, we point to a part of Sunnicabbalas which explicitly proves Khums of things other than spoils of war.

These cabbalas have been chosen from famous resources of AhlulSunnah which are acceptable for all of them.

A) Ithas been quoted in “Sunan of Beihaghi1 ” from Abu Harira that Prophet (S) said:

فى الرّکاز الخمس قیل و ما الرّکاز یا رسول اللّه؟ قال الذّهب و الفضّة الّذى خلقه اللّه فى الارض یوم خلقت

There is Khums in Rekaz, a person who was thereasked: What is Rekaz? Prophet (S)answered: “Mines of gold and silver which Allah has been created on earth from the beginning day.

It should be considered that Rekaz (it is pronounced like Ketab) literally means any kind of asset that is placed in earth; and accordingly all mines are called Rekaz; and also all treasures and assets which have been remained in earth from former humans are called Rekaz; and the fact that we see in the Hadith above it has been interpreted to mines of gold and silver is that a kind of clear samples not being exclusive to them.

B) It has been quoted in a Hadith from Anas ibn Malik that: We were in a road with Prophet (S), one of our friends entered to ruins … and he found there a treasure of gold … they weighted that and it was about two hundreds dirhams, Prophet said that it is Rekaz and it is obligatory to pay its Khums.2

C) Ithas been quoted in Sahih of Muslim from Abu Harira that Prophet (S) said: “فی الرّکاز خمس ” (there is Khums in Rekaz). The same matterhas been also mentioned in Sahih of Bokhari.3

It has been affirmed in this Hadith which is one of famous Ahadith among Sonnies that there is Khums in Rekaz and as we said and it is understood from its main root and also it has been affirmed in some famous dictionaries like Qamoos, Rekaz has a vast meaning which consists of any kind of asset that is placed and saved in earth, like mines and treasures of former humans that has been buried in lands; and accordingly, some pf Sunni Faqihs like “Abu Hanifa” affirmed that Khums is obligatory in mines and Nisab (minimum needed level or amount) of Zakat is not a condition in this case.4

It has been quoted in the book “Kanz Al-Ummal”, vol. 7, page 65 that Prophet (S) said:

ان لکم بطون الارض و سهولها و تلاع الاودیة و ظهورها، على ان ترعوا نباتها و تشربوا مائها على ان تؤدّوا الخمس 2

Deep inside the earth, fields and inside the valleys and out of them are all in your hands in order to use their plants, drink their water and pay Khums about them.5

There is no doubt that here, the purpose of Khums is not Zakat of sheep, because Zakat of sheep is not one fifth. Therefore, the purpose is to use these lands and pay the Khums of its income.

Ithas been quoted in a Hadith in the book “Usd Al-Ghaba” that “Masrooq ibn Wael” came to prophet (S) and became Muslim, and he said I like you to send some people to my tribe in order to invite them to Islam, and please write a letter for them, may Allah guide them all. Prophet (S) ordered to write this letter:

بسم الله الرّحمن الرّحیم من محمّد رسول الله الی الاقیال من حضرموت باقام الصّلوة و ایتاء الزٌکوة و الصّدقة علی التیعة و لصاحبها التیمة و فی السّیوب الخمس و فی البعل العشر

In the name of Allah the Compassionate the Merciful

From Muhammad, prophet of Allah to chieftains of Hadhramut,

Orders them to perform prayer and pay Zakat, Zakat is for animal that pastures in fields and the animal that is taken in house for the need of its owner has not Zakat and Khums is obligatory in “Soyoob” and it is obligatory to pay one tenth in palms which grow without the need of water.6

We will discuss soon about the purpose ofSoyoob which Khums is obligatory in it.

We read in another Hadith in the book “Al-Aghd Al-Fareed” that Prophet (S) wrote a letter to Wael ibn Hajr Hadhrami: “From Muhammad Prophet of Allah to chieftains of Abahela …” to the point that said: “and there is Khums in Soyoob”.7

We read in footnote of the book “Al-Aghd Al-Fareed” after quoting the Hadith above that “Soyoob” is plural form of “Sayb” that meansassets which had been remained as treasures from the time of ignorance or mines, because they consider as divine gifts.

But we read in “Qamoos” which is one of famous Arabic dictionaries that: Mainly “Sayb” means any kind of gift and benefaction and “Soyoob” is in the meaning of “Rekaz” (treasures and mines).

If we consider “Sayb” in the meaning of any kind of gift and benefaction and the purpose is divine gift and benefaction, it consists of all incomes and according to that Khums should be paid in all of them; and if we consider it as the exclusive meaning of mines and treasures, it also proves that Khums is obligatory in other than spoils of war and it is not exclusive to spoils of war.

Notes

1. Sunan of Beihaghi, vol. 4, page 152.

2. Sunan of Beihaghi, vol. 4, page 155.

3. Sunan of Beihaghi, vol. 4, page 155.

4. “Al-Mughani” by Ibn Qudama, vol. 2, page 580, printed in Beirut

5. Makateeb Al-Rasool, vol. 2, page 365, ithas been quoted from other evidences.

6. Usd Al-Ghaba, vol. 3, page 38.

7. Al-Aghd Al-Fareed, vol. 2, page 48, printed by Ismaelian.

Khums in Cabbalas of Ahlul Bayt (a.s.)

There are lots of Ahadith in main and famous texts of Shi’aa about Khums and thethings which Khums applies on them, and the way of consumption and prorating and other rulings have been expressed, that it is impossible to mention all of them in this brief discussion.

About eighty Ahadith in fifteen chapters in the issue of Khums have been collected from famous Shiite books in the famous book “Wasael Al-Shi’aa”.

• Chapterone is about the principle of necessity of Khums.

• Chaptertwo is about the necessity of Khums in spoils of war.

• Chapterthree is about mines.

• Chapterfour is about the Nisab (minimum level or amount) of mines which Khums applies on them.

• Chapterfive and six are about the necessity of Khums in treasure.

• Chapterseven is about the necessity of Khums in things which gain from the sea by diving.

• Chaptereight is about the necessity of Khums in benefits of business, industries, agriculture and like them.

• And other chapters are about the way of prorating Khums, person who needs to give help from Khums and some other cases of necessity of Khums.

There are ten Ahadith in chapter eight which is one of most important chapters about the issue of the Khums and talks about benefits which are obtained from any kind of business or industries, which most of our Faqihs have issued Fatwas according to them; and Fatwas say that if after one year a person was able to save money from any kind of income in that year, should pay one fifth of this saving after subtracting all costs of the year to Imam or his successor in order to be spent on necessary cases which have been mentioned.

Evidences of these Ahadith have no need to be criticized according to their multiplicity, because we know that if there are lots of Ahadith quoted in one issue in reliable books, it confirms according to all of them that the order of ruling has been issues by Imam and there will remain no place for animadverting about the evidences of those Ahadith.

In other hand, ithas been proved in the Usul Science (science of fundamentals) that issuing Fatwa by famous Faqih especially those who were closer to the time of Imam caused confidence about the evidence of Hadith.

And this matter is completely achieved for Ahadith of Khums which have been pointed to them above.

Moreover, among these Ahadith thereare some Sahih Ahadith.

Like Hadith of Muhammad ibn Al-Hassan Al-Ash’ari which is the first Hadith of chapter eight.

And Hadith of Abu Ali ibn Rashid which is the third Hadith.

And Hadith of Ibrahim ibn Muhammad Al-Hamedani which is the fourth Hadith.

And Hadith of Ali ibn Mahzyar which is the fifth Hadith.

And Hadith of Sama’a which is the seventh Hadith.

It is interesting that some less-known people who did not have enough knowledge about the Rijal science (science of tellers of Ahadith) assumed that all Ahadith of this chapter are civilizable about their evidences while this is nothing more than a false thought which shows the weakness of knowledge of person who thinks this way and this assumption has no compatibility with reality.

This person who had shown special and funny obstinacy about the weakness of this Ahadith has taken mistakes which are amazing, for instance:

1- He has introduced “Sa’d ibn Abdullah Ash’ari Qomi” who has been one of superiors of Shi’aa and one of eminent Faqihs and one of leaders of this sect according to superiors of Rijal science like “Najashi” and “Sheikh Toosi” and “Allame Helli” and has been an eminent, knowledgeable, reliable person with lots of writings as an “unreliable person” that “none of superiors of Rijal science have confirmed his reliability” and we don’t know that where did he find such a big and clear lie which causes the disgrace of the teller!

2- He has criticized “Ali ibn Mahzyar” whom all superiors of Rijal sciences confess to his greatness and reliability, and he had been one of special Sahaba of ninth Imam and his deputy and successor, and according to “Najashi” (famous scholar of Rijal science) and the late Allame Helli there is no place for discussion or doubt about his cabbalas, and has tried to invalidate his reliable Hadith (in his own thought) by nonsense expressions and even he had insulted and cursed this great man.

It seems that his evil purposes do not permit him to accept any kind of truth and he forces himself to remove anyobstacle which is in his way, even by ignoring self evident matters.

3- One ofpersons who has been mentioned in evidences of these Ahadith (third Hadith from this chapter) and is one of reliable Hadith tellers, but has been attacked and weakened because of ignorance is “Abu Ali ibn Rashid” who his name is “Hassan” and is one of Sahaba of ninth Imam, Imam Javad (a.s.). According to confirmation of some of superiors of Rijal, like Sheikh Toosi and Allame Helli, is one of reliable persons, but foresaid ignorant writer has assumed him to be unreliable.

4- “Riyan ibn Salt” is one another of Hadith tellers who has been mentioned in the evidence of ninth Hadith in this chapter and foresaid writer has criticized him by this excuse that it is unlikely that he had lived until Imam Askari (a.s.) (without expressing any prove fore this sentence) and with another excuse that he had been working in the system of Abbasi caliphs, while we know that persons like “Ali ibn Yaqtin” were working in their system by order of Imams for saving innocent people, while in Rijal books especially “Rijal of Najashi” and “Allame Helli” and “Sheikh Toosi” reliability of this man has been confirmed.

And this is funnier that he said the cabbala of Riyan ibn Salt is Mursala (a Hadith that its evidence does not reach to Prophet (S) or Imams (a.s.)) while there is no such a thing in the evidence of this Hadith, and nobody would find that why he has said such a big lie!

5- Most amazing of all is that he had rejected the seventh cabbala by the excuse that “Kulayni” has quoted that from “Some of our companions”.

He assumed that these persons are unknown, while anyone who has the least knowledge about the book “Kafi” and its evidences and documents knows that these persons are masters of Kulayni, that in order to abstain from lengthening and repeating in the evidence their name do not mention every time, but it has been affirmed in books of Rijal that the purpose of Kulayni is this five persons: 1- Muhammad ibn Yahya 2- Ali ibn Mousa Komidani 3- Ali ibn Ibrahim ibn Hashim 4- Ahmad ibn Idris 5- Dawood ibn Kore

And some of themare moreover their reliability are from superiors of World of Shi’aa (refer to the book “Jame’ Al-Rovat” and other Rijal books).