CHAPTER 12: KHUMS
Khums is such a blessed thing which unites people, mends broken hearts, and all those jurists who have difference between them whether small or big become one. If there is any perfect example of Ijma (consensus) then this is it.
Although this is not a very lengthy subject, nevertheless its importance has made me deal with it in a separate chapter altogether. It will be my effort to deal with various points of it so that the believers can escape from the quicksand which they have been pushed into. In this chapter I have tried to deal with various aspects of it including Jizya (tax). All this effort of mine is so that instead of debating about this issue we should try and get to its reality. I am not trying to refute or compliment anyone, but this is a matter of understanding the issue. It is also your duty not to read this chapter from a debating point of view but rather as an investigation into the matter. If you were then to see reality in this then your faith dictates that you should immediately accept it, because if there is faith then there is everything, if there is no faith then there is nothing. I have looked at this problem of Khums from an investigative point of view and surveyed it various aspects so that you may not come under pressure from anyone, but you will act according to the statements of the Holy Infallibles (a.s.) and sort out both your world as well as the hereafter.
Allah (s.w.t.) has made some provisions for the life of the Muslims and has divided them into two groups - Ummah and the Family of the Holy prophet (s.a.w.). For the Ummah he has made Zakaat which is charity, and in this there is no share of the family/progeny of the Holy Prophet (s.a.w.). For the progeny of the Holy Prophet He (s.w.t.) has made ‘Anfaal’ (Spoils of war) and Khums in which the Ummah has no share. The whole of the Anfaal is for the progeny of the Holy Prophet (s.a.w.) whereas Khums is a fifth. Allah (s.w.t.) has kept the progeny of the Holy Prophet (s.a.w.) separate from the rest of the Ummah so that they should be kept away from the dirt and filth of the people and that no one would have the audacity to equate himself to them (a.s.).
يَسْأَلُونَكَ عَنِ الأَنفَالِ قُلِ الأَنفَالُ لِلّهِ وَالرَّسُولِ فَاتَّقُواْ اللّهَ وَأَصْلِحُواْ ذَاتَ بِيْنِكُمْ وَأَطِيعُواْ اللّهَ وَرَسُولَهُ إِن كُنتُم مُّؤْمِنِينَ
[Shakir 8:1] They ask you about the windfalls. Say: The windfalls are for Allah and the Messenger. So be careful of (your duty to) Allah and set aright matters of your difference, and obey Allah and His Messenger if you are believers.
In Tafseer Saafi, Imam Muhammad Baqir (a.s.) is reported to have said: ‘Anfaal is that which is gained from the land on which no blood has been shed. i.e. land which has been gained without war. Either the people make a peace treaty or give it of their own accord. Uninhabited land and valleys will all be classified as Anfaal, and this is all the kingdom of Allah (s.w.t.). And so whatever is Allah (s.w.t.)’s belongs to the Holy Prophet (s.a.w.). It is up to him (s.a.w.) how he (s.a.w.) distributes it. After him (s.a.w.) it belongs to the Holy Imams (a.s.)’. It has also been narrated in Al Kafi that when a person dies without inheritors then his wealth is also Anfaal.
وَاعْلَمُواْ أَنَّمَا غَنِمْتُم مِّن شَيْءٍ فَأَنَّ لِلّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ إِن كُنتُمْ آمَنتُمْ بِاللّهِ وَمَا أَنزَلْنَا عَلَى عَبْدِنَا يَوْمَ الْفُرْقَانِ يَوْمَ الْتَقَى الْجَمْعَانِ وَاللّهُ عَلَى كُلِّ شَيْءٍ قَدِيرٌ
[Shakir 8:41] And know that whatever thing you gain, a fifth of it is for Allah and for the Messenger and for the near of kin and the orphans and the needy and the wayfarer, if you believe in Allah and in that which We revealed to Our servant, on the day of distinction, the day on which the two parties met; and Allah has power over all things.
In Tafseer Saafi it is narrated that one of the meaning of this is that wealth which is gained by subduing the unbelievers. In Al Kafi there is a narration from Imam Ja’far Al Sadiq (a.s.) that this is the daily profit. In Tafseer Saafi there is a reference from Al kafi that Imam Ali (a.s.) said: ‘What Allah (s.w.t.) has meant by Zil Qurba here are those that He (s.w.t.) has regard as near to Him (s.w.t.) and the Holy Prophet (s.a.w.) and so the orphans and the poor and the travellers are our orphans and our poor and our travellers. This is because he (s.w.t.) has kept no share for us in the charity and he has honoured us and the Holy prophet (s.a.w.) by keeping away from eating people’s dirt and filth. In Al Tahzeeb Imam Ja’far Al Sadiq (a.s.) has been reported to have said: ‘Allah (s.w.t.)’s Khums is the Imam’s right and the Holy Prophet (s.a.w.)’s Khums as well as the near ones’ khums’. The orphans, poor and travellers are the ones from the progeny of the Holy Prophet (s.a.w.). And so khums cannot reach anyone apart from these’.
وَآتِ ذَا الْقُرْبَى حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ وَلاَ تُبَذِّرْ تَبْذِيرًا
[Shakir 17:26] And give to the near of kin his due and (to) the needy and the wayfarer, and do not squander wastefully.
In Tafseer Saafi it has been reported that the ‘near ones’ referred to in this Verse are those near to the Holy Prophet (s.a.w.) and this verse has specially been revealed for Lady Fatimah Zahra (a.s.). The Holy Prophet (s.a.w.) had reserved the garden of Fidak for her (a.s.). The poor and travellers mentioned here are the one from her (a.s.) progeny.
فَآتِ ذَا الْقُرْبَى حَقَّهُ وَالْمِسْكِينَ وَابْنَ السَّبِيلِ ذَلِكَ خَيْرٌ لِّلَّذِينَ يُرِيدُونَ وَجْهَ اللَّهِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
[Shakir 30:38] Then give to the near of kin his due, and to the needy and the wayfarer; this is best for those who desire Allah's pleasure, and these it is who are successful.
In Tafseer Saafi it has been reported from Imam Muhammad Baqir (a.s.) and Imam Ja’far Al Sadiq (a.s.) that when this verse was revealed, the Holy Prophet (s.a.w.) gave the garden of fidak to Lady Fatima Zahra (a.s.) and gave her the control of it.
مَّا أَفَاء اللَّهُ عَلَى رَسُولِهِ مِنْ أَهْلِ الْقُرَى فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاء مِنكُمْ وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ
[Shakir 59:7] Whatever Allah has restored to His Messenger from the people of the towns, it is for Allah and for the Messenger, and for the near of kin and the orphans and the needy and the wayfarer, so that it may not be a thing taken by turns among the rich of you, and whatever the Messenger gives you, accept it, and from whatever he forbids you, keep back, and be careful of (your duty to) Allah; surely Allah is severe in retributing (evil):
It has been mentioned in Tafseer Saafi quoting from Al Kafi that Imam Ali (a.s.) said: ‘The near ones mentioned here are us and the orphans and the needy and the wayfarer are the ones from us. This is why Allah (s.w.t.) has kept no share for us in charity and made it prohibited to us. Allah (s.w.t.) has honoured us and the Holy Prophet (s.a.w.) by not letting us eat the dirt and filth of the people.
These points come out of these verses:
1.Anfaal is that which comes without war.
2.Fey is that which is acquired through warfare.
3.Khums is a fifth of Fey.
4.Both these things are especially for the Ahl Ul Bayt (a.s.) because the right of Allah (s.w.t.) and the Holy Prophet (s.a.w.) is their (a.s.) right. They (a.s.) are the one referred to as the near of kin. The orphans, the travellers and the needy are also from the children of Lady Fatimah Zahra (a.s.). The distribution of this will also be in the hands of the Holy Imams (a.s.). Meaning, that the only rightful owner of Khums is the Holy Imam (a.s.).
The purpose of Khums, according to the above evidence, is to strengthen the economic situation of the Aal e Muhammad (a.s.) so that they do not have to depend on the dirt of others. These verses have confirmed that the taxpayers are those of the Ummah who are not from the progeny of the Holy prophet (s.a.w.) and that the recipients are from the children of Lady Fatimah Zahra (a.s.). Furthermore, this is an individual obligation and not a collective one.
Applicability of Khums
In relation to these verses the Holy Infallibles (a.s.) have guided us to those things on which this tax is applicable.
AL KAFI - H 1413, Ch. 130, h 4
Ali ibn Ibrahim ibn Hashim has narrated from his father from Hammad ibn ‘Isa from certain persons of our people from the virtuous servant of Allah who has said the following: “Al-Khums (one fifth tax) is due on five categories of properties. It is due on (1) spoils of war or general net income, (2) properties acquired from diving deep waters, (3) the treasures found, (4) the mines and (5) salt mines.
AL KAFI - H 1417, Ch. 130, h 8
Ali ibn Ibrahim ibn Hashim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Muhammad ibn Muslim who has said the following: “Abu Ja‘far, recipient of divine supreme covenant, was asked about the minerals such as gold, silver, iron, lead and zinc. He said, ‘They all are subject to al-Khums.’”
AL KAFI - H 1420, Ch. 130, h 11
Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from al- Husayn ibn ‘Uthman from Sama‘a who has said the following: “I asked abu al-Hassan, recipient of divine supreme covenant, about al-Khums. He said, ‘It is due on all small and large gains that people make.’”
AL KAFI - H 1421, Ch. 130, h 12
A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa ibn Yazid who has said the following: “Once I wrote to the Imam, recipient of divine supreme covenant, ‘May Allah, keep my soul in service for your cause, explain to me what is gain and profit? What is its limit? What is your opinion? May Allah, the Most High, grant you long life. I will be grateful for your explanation so I will not continue in unlawful activities with invalid prayer and fasting.’ “He wrote to me, ‘gain and profit is the income from trade from its net profit or from farming after the deduction of expenses and prizes.’”
MAN LA YAHZUR AL FAQIH - H 1642
Imam Ja’far Al Sadiq (a.s.) said: ‘Khums is not on anything but on the wealth of Ghanimat (spoils of war)’.
MAN LA YAHZUR AL FAQIH - H 1653
Imam Muhammad Baqir (a.s.) said: ‘Whenever a protected (Dhimmi) unbeliever buys land from a Muslim, there will be Khums on it’.
It is clear from the above statements of the Holy Infallibles (a.s.) that Khums is payable on the following:
1.Minerals like god, silver, brass, aluminium, petrol, gas etc.
2.Treasures acquired by deep sea diving like pearls etc.
3.Profits from a business.
4.Profits from farming.
5.Spoils of war.
6.Land sold to a protected unbeliever.
From what we have seen above, is Khums being explained today exactly as the Holy Infallibles (a.s) have defined it or is it being portrayed as something else. Let us now look at one aspect at a time.
First Aspect - The only rightful owner of Khums is the Holy Imam (a.s.)
As this matter has been clarified in the light of the commentaries of the Holy Quran and the Hadeeth, it now becomes necessary for the Khums payer to make sure that the Khums that he is paying does reach the Holy Imam (a.s.). There are only two ways of ensuring this. Either we go and personally deliver this tax to the Holy Imam (a.s.) himself or else we should have on us his (a.s.) specific instructions, either oral or written, to hand it over to his agent, and thus become free of responsibility. During the minor occultation the people had written instructions from the Holy Imam (a.s.) to hand over their Khums to named agents. Hence in this period the matter was clear and people had no doubts whom to give their Khums to.
The situation in the major occultation period is completely different. The system of direct representation and ambassadorship was cut off at the inception of the major occultation, and those that claim to be these have been branded as liars and fabricators by the Holy Imam (a.s.). There has never been a single statement of the Holy Imams (a.s.) whereby they have instructed us that during the major occultation, any person who claims to be a scholar whom a few regard as their teacher or one who achieves a degree from a university of Qum, the Shiites should hand over their Khums to him. Not a single Mujtahid has ever made the claim that he hands over the Khums monies to the Holy Imam (a.s.), and if he were to do that then he would be included in the label of a liar and a fabricator. And if the Mujtahid is not capable of delivering the Khums to the Holy Imam (a.s.) then how can the Khums payer rest assured that his Khums money has reached the Holy Imam (a.s.)? And if he were to deliberately hand over his Khums money to someone who has not been specifically named by the Holy Imam (a.s.) but has declared himself to be one, then the payer is also as much a usurper of the rights of the Holy Imam (a.s.) as the recipient is. God Willing I shall discuss the state of the usurpers of the rights of the Holy Imam (a.s.) later on.
Second Aspect - The purpose of Khums is to strengthen economic status of the Family of the Holy Prophet (s.a.w.).
This has been clarified by the hadeeth and that the purpose is to honour and keep away the Aal e Muhammad (a.s.) from the dirt and filth of the people. Therefore to conceive of Khums to be of a purpose other than this is to oppose the Holy Infallibles (a.s.) and to falsify their claim.
The point is that Allah (s.w.t.) had made Khums to be only for the Family of the Holy Prophet (s.a.w.) but some people then assumed the responsibilities of religion. When the burden of the state and religious affairs became heavy on them, they took it upon themselves for the distribution of Khums and established the notion that Khums and Anfaal is the right of the government. The claim of Lady Fatima (a.s.) for her right of the garden of fidak was also refuted on the basis that, ‘If we give this to you then how will we feed the army?’ The spoils of wars from all the battles was also regarded as the right of the government which will also decide how to spend it. This view had such pull over the Shiites that even they made it their basic principle.
And so, Agha e Khomeini wrote in his book ‘Islamic Government’: the purpose for the imposition of such a tax is not merely the upkeep of the Sayyids or the religious scholars, but on the contrary, something far more significant - namely, meeting the financial needs of the great organs and institutions of government. How could the sayyids ever need so vast a budget? It was established with the aim of providing for the needs of the people, for public services relating to health, education, defense, and economic development.
If you wish to applaud this audacious statement then do so, for I can only weep over it and beseech Allah (s.w.t.) for justice. The invalidity of this claim is obvious that there is no need for detailed refutation. I am only giving you some indications.
1.Khums has been regarded as the right of the government of the time.
2.In contradiction to the Commands of Allah (s.w.t.) and the Holy Infallibles (a.s.), Khums has been regarded as being for the betterment of general people regardless of whether they are from the progeny of Lady Fatimah Zahra (a.s.) or not.
3.It has been assumed that all those from the progeny of Lady Fatima Zahra (a.s.) are leading a happy and contented life.
4.When khums is the right of the progeny of Lady Fatimah Zahra (a.s.), then it does not matter how much it is, it will always remain their right. How can someone have the right to say ‘how can they need so much?’ It is like when someone comes to your house and says to you, ‘What is your need for such a big house, keep one room for yourself and give the rest over to me’.
5.If Khums is for the betterment of all people then does it apply only to the people of Iran? Then tell me what has been done for the betterment of other people? Are the Shiites paying Khums so that only the people of Iran should benefit from it while the other Shiites keep dying of hunger?
6.If Khums is the right of the government of the jurist (Faqih), then on what basis was Khums being collected before they achieved the government? And if they were collecting it then how much did they do for the betterment of the Shiites of the world? These works for the betterment of the Shiites can also be done without being in government.
Third Aspect - Khums is the right of the Sadaat
When the Holy Quran and the Holy Infallibles (a.s.) have clearly indicated the identities of the tax payer and the recipient then a non Sadaat cannot take even a penny from khums and Sadaat cannot be made to pay it. This is their right whether they are rich or poor. It is another matter that the needy and the orphans and the travellers among them will get priority. From the revelation of Khums until today you will not find a single incident in history where the Sadaat have been made to pay it. The Sadaat have always been the recipients and never the payers. Today the situation is such that even if the Mujtahid is a non-Sadaat, he still collects Khums from everyone. In whose obedience is this being done? Whatever the case may be, they are both unjust.
Fourth Aspect - No Mujtahid has even declared it to be a collective obligation
The fact that Khums is an individual obligation is so established that no one will ever dispute it. Not a single person is free from this obligation. For example, Namaaz is an individual obligation and so it is obligatory upon the Mujtahid as well as his followers. The same goes for other acts of worship, and since it has been established that khums is an individual obligation, then it is so on the Mujtahid as well as all his followers. Now it is up to you to find out which Mujtahid is paying Khums and to whom. If you say that they are paying to an ‘Aalam’ (the most knowledgeable), then who is he paying it to, as it would be obligatory on him as well. The more you think about this the more you will realise that this is not a religious matter but it is just an excuse to collect money from the people. If this was a religious issue then they would not have placed the whole burden on the people but they would have borne some of it themselves. But the strange thing is that on one hand Khums has been declared as an individual obligation and on the other hand they have excused the Mujtahids from it and made it a collective obligation.
If after all this you still cannot get to the bottom of this then it is not my fault. You have seen from the statements of the Holy Infallibles (a.s.) the things on which Khums has been made obligatory - Minerals, Sea treasures, Business Profits, Agricultural Profits etc. Why don’t you now go and collect all the Fatwas of the Mujtahids and take a tour of all the mosques and see for yourself. You will see a very long list off all the items on which they want you to pay Khums including things like unused food items, cosmetics, clothes etc. Virtually nothing has been left out from this list. The purpose is that whatsoever they can get their hands on give it. No one in his right mind will not be able to tolerate this in his religion, while every one with clear intellect will be able to see through this misappropriation.
When did the problem of Khums start?
Those of you who are interested in history will know that when the Verse of Khums was revealed, the Holy prophet (s.a.w.) distributed it among the Banu Hashim and this continued during his (s.a.w.) time. After this the government of the time decided that it is their right and a fifth of the spoils of war began to be sent to the Caliph of the time who used to spend it on the affairs of his government. The Banu Hashim only got the same share as everyone else until it was the time for the caliphate of Imam Ali (a.s.). He (a.s.) did not make any changes to this matter just as he let go of the matter of the garden of Fidak. I cannot find any incident during this caliphate that anyone had come and given Khums to Imam Ali (a.s.). This was the also the case for Imam Hasan (a.s.) and Husayn (a.s.) to the extent that whenever there was any delay of the payment from the government then their condition became very difficult. After this was the period of Imam Zayn Ul Abideen (a.s.) and Imam Muhammad Baqir (a.s.). I cannot see any incident of anyone paying Khums to them (a.s.).
However, there are certain incidents during the time of Imam Ja’far Al Sadiq (a.s.) where some people used to bring some wealth to them but we should be careful not to misunderstand this. Sometimes the Shiites used to bring presents and gifts to him (a.s.) and not in the name of Khums.
MAN LA YAHZUR AL FAQIH - H 1659
Younis bin Yaqoub has said that: ‘One day when I went to Imam Ja’far Al Sadiq (a.s.), a toymaker came to see him (a.s.) and said, ‘I have made good profit from my business and we know that your share in this is established but are not able to give you your share’. He (a.s.) replied: ‘If these days I were to ask you for my share then it would not be justice’.
In the book ‘Superman in Islam’, a debate has been given between Imam Ja’far Al Sadiq (a.s.) and an atheist by the name of Abu Shakir. In a reply to Abu Shakir’s accusation that he (a.s.) was collecting money from people in the name of religion, he (a.s.) replied: ‘O Abu SHakir! You are saying that I aim to collect wealth in the name of worshipping God, by deceiving people. I tell you that ever since I have invited people to worship God until today I have only accepted small gifts like fruit etc. Like a friend of mine has a date farm, and in the autumn when the dates ripen then he sends me a crate of them through his servant and I only accept this gift from him so that he may not get annoyed by my refusal. I also have another friend who has a garden of pomegranates in Taif and he sends me a crate with the caravan which comes to Medina and I only accept this because I do not want him to be annoyed with me due to my refusal. Will you testify that a person will not disseminate religion until such time as he does not get some dates and pomegranates?’
The period of the Imams (a.s.) after Imam Ja’far Al Sadiq (a.s.) was even more difficult as they used to be under the scrutiny of the hostile government of the time. In this period it cannot even be imagined that they would instruct their Shiites to bring the Khums to them and thus endanger all their lives nor has any such incident probably ever been recorded. The hullaballoo of Khums started in the time of the tenth Imam Ali Naqi (a.s.). The enemies were counting the numbers of the Imams so that they can kill the twelfth Imam (a.s.) and cut off the system of guidance altogether. Among the Shiites also were those who were greedy for the worldly things were also counting the numbers so that they can profit from the twelfth Imam (a.s.) going into occultation. After Imam Musa Kazim (a.s.) a sect by the name of Waqifiyya had come into being who claimed that he (a.s.) had not died but had gone into occultation. They then claimed that until such time as he (a.s.) reappears they will handle the affairs and so usurped all the wealth and refused to hand it over to Imam Al Ridha (a.s.) who cursed them in return. What I would like to ask is that if the Imam (a.s.) were to make his appearance today and asks for his Khums that has been collected over the years, is there anyone who will be able to give it back to him? How will this be returned when it has already been digested?
Anyway, at the time of Imam Ali Naqi (a.s.) the people had realised that the time of occultation is near and so a whole machinery was put into place and a web of narrations was spun in such a way that gave the impression that the Holy Imams (a.s.) had only come into the world for two purposes only - to explain the ordinances and collect Khums. As time went on the situation got worse, until we come to the time of the minor occultation. This gave the worshippers of the world a golden opportunity. If you were to survey the history of this period you will see that apart from playing around with Fatwas and cries of ‘Khums, Khums’, you will see nothing else. You think for yourself, in this difficult time period when the hostile government was severely suppressing the Shiites, and was raiding many places in search of the twelfth Imam (a.s.), who could have thought of only Khums. Imam Ja’far Al Sadiq (a.s.) himself stated in the above Hadeeth that it would not be fair for him to ask for this from his Shiites in these times.
The reason why the fraud of the representation of the Imam (a.s.) was enacted was because it would make it easier for them to collect the khums from the people, and whatever is happening today is the direct result from all this. This will only come to an end when the Holy Imam (a.s.) makes his appearance and then people’s food items, cosmetics, clothes etc. will be safe, or when people use their clear intellects and get to the bottom of all this. All this looting will not be stopped by blind Taqleed.
THE RIGHT OF THE IMAM (A.S.)
It has been proven from the Verse of the Holy Quran and the statements of the Holy Infallibles (a.s.) that khums is the right of the Holy Imam (a.s.) and no one else. No one else has the right to have this right vested in himself.
مَن ذَا الَّذِي يُقْرِضُ اللَّهَ قَرْضًا حَسَنًا فَيُضَاعِفَهُ لَهُ وَلَهُ أَجْرٌ كَرِيمٌ
[Shakir 57:11] Who is there that will offer to Allah a good gift so He will double it for him, and he shall have an excellent reward.
It has been narrated in Tafseer Saafi and Tafseer Qummi that Imam Musa Kazim (a.s.) has said that this verse was revealed about the right of the Imam (a.s.) and Imam Ja’far Al Sadiq (a.s.) that the rights of Allah (s.w.t.) reaches his ‘Wali’.
Now there should not be any doubt or confusion that Khums and the Anfaal are the rights of Allah (s.w.t.)’s Wali. No one else can even cast an eye on it. It is another matter if someone were to declare himself as Wali just to grab hold of this right, and this would be nothing new anyhow. The Holy Quran also testifies that in history in the period of the olden people it has been the custom that the priests have taken control of the wealth of the people.
يَا أَيُّهَا الَّذِينَ آمَنُواْ إِنَّ كَثِيراً مِّنَ الأَحْبَارِ وَالرُّهْبَانِ لَيَأْكُلُونَ أَمْوَالَ النَّاسِ بِالْبَاطِلِ وَيَصُدُّونَ عَن سَبِيلِ اللّهِ وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّةَ وَلاَ يُنفِقُونَهَا فِي سَبِيلِ اللّهِ فَبَشِّرْهُم بِعَذَابٍ أَلِيمٍ
[Shakir 9:34] O you who believe! most surely many of the doctors of law and the monks eat away the property of men falsely, and turn (them) from Allah's way; and (as for) those who hoard up gold and silver and do not spend it in Allah's way, announce to them a painful chastisement.
I am not surprised at the devourers of the wealth, but at those that feed them, who without thinking, give the right of the Holy Imam (a.s.) to someone else and end up being in the list of the usurpers of the rights of the Imams (a.s.). They have confused the people by dividing Khums into ‘Sehme Imam’ (Portion of Imam (a.s.)), ‘Sehme Sadaat, ‘Sehme Yatama’ etc. Remember that the division of this and the distribution of it are for the Holy Imam (a.s.) to do. We have to hand over the whole of it to him (a.s.).
AL KAFI - H 1418, Ch. 130, h 9
Ali has narrated from his father from ibn abu ‘Umayr from Jamil from Zurara who has said the following: “The Imam, recipient of divine supreme covenant, has the right, before the distribution, to spend from (booties of war), to give as gifts, grants and other causes. The Messenger of Allah had a confrontation with a people and he did not leave anything for them from al-Fay’. He may have given them a share if he wanted.”
Therefore do not get diverted by this division of Khums, the whole of it belongs to the Holy Imam (a.s.) and it is up to him who to give it to and who to withhold it from.
After all this discussion you should also consider what will be the fate of those that usurp the rights of the Imams (a.s.).
سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِ فَإِن جَآؤُوكَ فَاحْكُم بَيْنَهُم أَوْ أَعْرِضْ عَنْهُمْ وَإِن تُعْرِضْ عَنْهُمْ فَلَن يَضُرُّوكَ شَيْئًا وَإِنْ حَكَمْتَ فَاحْكُم بَيْنَهُمْ بِالْقِسْطِ إِنَّ اللّهَ يُحِبُّ الْمُقْسِطِينَ
[Shakir 5:42] (They are) listeners of a lie, devourers of what is forbidden; therefore if they come to you, judge between them or turn aside from them, and if you turn aside from them, they shall not harm you in any way; and if you judge, judge between them with equity; surely Allah loves those who judge equitably.
Imam Muhammad Baqir (a.s.) has commented upon this verse that the ‘devourers of what is forbidden’ are those that take the Imam (a.s.)’s wealth fraudulently.
Let me now present to you four hadeeth from Imam al Mahdi (a.s.) which were in the form of written replies, taken from Bihar Ul Anwaar, Vol 12.
1.‘Those people who are aware of our rights and eats even a little bit from it, then he has eaten fire’.
2.‘Any person who permits for himself even one Dirham from our right which is prohibited for him, then he is cursed by Allah (s.w.t.), His angels and all the people’.
3.‘Whoever eats anything from our right then he is filling his stomach with fire and will burn in Hell’.
4.‘And the person in whose control is our wealth which he has made it permissible upon himself, and he distributes it without our authorisation, as if he is distributing his own wealth, is an accursed one and on the day of judgement we will be claimants against him. And so the Holy Prophet (s.a.w.) has said: ‘Whoever permits himself this wealth which belongs to my family and Allah (s.w.t.) has forbidden it, then he is cursed by mine as well as the tongues of all the Prophets (a.s.). Whoever is unjust to us he will be with those who have done injustice to us in the past and they have been cursed by Allah (s.w.t.). And so Allah (s.w.t.) has said: ‘The curse of Allah is on the unjust’’.
وَنَادَى أَصْحَابُ الْجَنَّةِ أَصْحَابَ النَّارِ أَن قَدْ وَجَدْنَا مَا وَعَدَنَا رَبُّنَا حَقًّا فَهَلْ وَجَدتُّم مَّا وَعَدَ رَبُّكُمْ حَقًّا قَالُواْ نَعَمْ فَأَذَّنَ مُؤَذِّنٌ بَيْنَهُمْ أَن لَّعْنَةُ اللّهِ عَلَى الظَّالِمِينَ
[Shakir 7:44] And the dwellers of the garden will call out to the inmates of the fire: Surely we have found what our Lord promised us to be true; have you too found what your Lord promised to be true? They will say: Yes. Then a crier will cry out among them that the curse of Allah is on the unjust.
Even after going through these statements of Imam Al Mahdi (a.s.) somebody is still in doubt then he should give a second glance at his faith.
CONCLUSIVE ORDERS
I can see my readers to be of three categories. The first is that group which closes its eyes from reality and without even going through any of the proofs I have provided, they will be angrily asking why I have written against them.
The second group would be of those that are thinking about the proofs that I have provided and evaluating their level of reliability.
The third group is of those who understand the situation and are surveying the whole of the matter in the background of what is around them very thoroughly and have got respect for the Holy Infallibles (a.s.) in them.
I have nothing to do with the first group of readers and they are welcome to curse me if they so wish for it would only increase my virtues in the hereafter, for which I would like to thank them. I am addressing the last two types of readers who are evaluating what I have said. They are thinking with their minds and not getting emotional about religion and will not waste any time in accepting the truth when they see it. I am making an obligation of mine to remove their confusion. And they will surely be in confusion as the question still remains that in the period of occultation, who should the Khums be paid to? The importance of Khums cannot be denied and refutation of viewpoints is not sufficient. More proofs need to be given so that the believers can achieve conviction and that their actions can then be based on this. You will have noticed in this book of mine that I have not raised an issue but that I have concluded it. God willing, in the matter of khums as well I shall not leave you halfway. I will now give such clear statements of the Holy Infallibles (a.s.) which no one will refute except a hypocrite.
The point is that the one (a.s.) whose right is this Khums is also the sole in charge of it. He (a.s.) decided who to give it to who not to give it to. It is up to him to waive this tax or not to forgive it. You should know it properly that the Holy Imams (a.s.) have forgave this tax on their Shiites and have not forgiven their enemies. I am concerned that the Shiites are the ones going around worrying about Khums when it has been forgiven to them, although it should be the enemies of the Ahl Ul Bayt (a.s.) who should be running around worrying about this for it has not been forgiven to them. You may be getting worried about the enormity of the claim I have just made, but do not be worried. I have not made this claim of my own accord but I shall be presenting my proofs for it from the statements of the Holy Infallibles (a.s.) to back it up. I will do this in the conviction that a Shia will never give preference to the statements of other people over and above those of the Holy Infallibles (a.s.).
OUR FIRST ONE IS MUHAMMAD, OUR LAST ONE IS MUHAMMAD, OUR MIDDLE ONE IS MUHAMMAD, ALL OF US ARE MUHAMMAD.
This is such a well known Hadeeth that there will be no one among the Shiites who will not know about it regardless of the level of his faith. I have now chosen for you two Hadeeth from the first Imam (a.s.), three from the fifth and sixth Imam (a.s.) and one letter from the twelfth Imam (a.s.) so that the above Hadeeth can have the backing of all the fourteen Holy Infallibles (a.s.). And if someone has the courage to reject any of these then he will reject all fourteen of them (a.s.) and ensure his place in Hell.
Imam Ali (a.s.)’s Orders
Imam Mohammed Baqir (a.s.) has narrated that Imam Ali (a.s.) has waived al-Khums for his Shias so that their children are born clean/legitimate - Allul Sharaia, pp. 289
Imam Ali (a.s.) said: People are being punished and killed because they do not pay our rights, through suffering from what they eat and involving in disrespectful acts. But be aware, we have lifted our rights on our shias and their children - Allul Sharaia, pp. 289
Imam Baqir (a.s.) and Imam Sadiq (a.s.)’s orders
Imam Jafar al Sadiq (a.s.) said: Every one is living off what they have usurped from us but we have made is permissible for our Shias -Allul Sharaia, pp. 289
AL KAFI - H 1064, Ch. 105, h 3
Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ‘Umar ibn Yazid who has said the following: “I saw Misma’ in Madina. In that year he had tried to deliver a certain amount of property to abu ‘Abd Allah, recipient of divine supreme covenant, who returned the property to him. I (‘Uram) asked him (Mism’a) about the reason for the return. He (Mism’a) said, “When I took the property to him (the Imam) I said, ‘I had become the person in charge of the pearls in Bahrayn and I have made a four hundred thousand Dirham profit. I have brought eighty thousand Dinars as your share. I did not want to keep your share and disregard what Allah, the Most Holy, the Most High, has decreed to be for you in our properties.’ The Imam said, ‘Is there no more from earth and what Allah takes out of it besides one fifth (of people’s net savings) for us, O abu Sayyar? The whole earth belongs to us. Whatever Allah causes to come out therefrom belongs to us.’ I then said, ‘I will bring all the property to you.’ He said, ‘O abu Sayyar, we have made it a gift for you and relieved you of its liabilities. Take your property with you. Whatever land is in the hands of our Shi‘a, it is lawful for them until al-Qa’im will rise with Divine Authority and power. He will make an agreement with them about whatever land is in their hands and will give them permission to use. Whatever land is in the hands of others, their earning from it is not lawful until al-Qa’im will rise with Divine Authority and power. He will take such lands away from them and will remove them humiliated.’ “‘Umar ibn Yazid has said, ‘Abu Sayyar said to me, “I do not find anyone doing business or people as in charge persons of certain tasks, who earn their living lawfully except myself and those for whom they ('A'immah) have made it lawful.”’”
AL KAFI - H 1429, Ch. 130, h 20
Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from Sabbah al-Azraq from Muhammad ibn Muslim from one of them (abu Ja‘far or abu ‘Abd Allah, recipient of divine supreme covenant, who has said the following: “Abu ‘Abd Allah, recipient of divine supreme covenant, has said, ‘The most serious trouble that one may face on the day of judgement is when a person with the right to receive al-Khums will stand up and say, ‘Lord, my al-Khums (was not paid).’ However, we have gifted it to our Shi’a to cleanse and purify their birth.”
Imam Al Mahdi (a.s.)’s orders
In reply to a letter sent to Imam-e-Zamana (a.s.), The Holy Imam (a.s.) says: ‘About Khums, I waive my rights for our Shias and make is permissible for our Shias until the time of my reappearance so that their children are born clean and pious and remain legitimate’. Bihar-ul-Anwar, vol 12, pp. 778, Wasail Al Shia, vol. 6, pp. 327, chapter 4, tradition 16.
The solution to the problem has now been clarified for you and the statements of ‘All the Muhammads’ have been presented to you above. If somebody has a hobby of disobeying the Holy Infallibles (a.s.) and waste his wealth, then he is welcome to participate in this hobby of his.
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Author: Syed Baqir Nisar Zaidi
