Alhassanain(p) Network for Heritage and Islamic Thought

Chapter 22: Me`raj – The Heavenly Ascension

Me'raj According To The Qur'an, Hadith And History

The darkness of night had spread in the horizon and silence reigned over the face of nature. The time had arrived when the living creatures take rest and sleep so that they might recuperate for their activities on the following day.

The Prophet was also not an exception to this law of nature and he wished to take rest after offering his prayers. However, he suddenly heard a voice. It was the voice of the Archangel Jibreel who said to him: "This night you have to perform a very unique journey and I have been ordered to remain with you. You will have to traverse different parts of the world mounted on an animal named 'Buraq'."

The Prophet commenced his grand journey from the house of Umme Hani (sister of the Commander of the Faithful) and mounted on Buraq proceeded to Baytul Maqdis, situated in Jerusalem, which is also called Masjidul Aqsa. After a very short time he dismounted there and visited different parts of the mosque as well as Bethlehem which is the birth place of 'Isa and also saw various other places associated with different Prophets. At some of these places he also performed two rak'ats of prayers.

Thereafter he commenced the second part of his journey and proceeded from that place to the skies. He then observed the stars and the system of the world and conversed with the souls of the previous Prophets and also with the angels of the heavens. He saw the centres of blessing and torture (Paradise and Hell) and also saw the places of the dwellers of Hell and Paradise1 from close quarters, and a consequently became fully aware of the secrets of creation, the extent of the Universe and the signs of the Omnipotent Allah.

Then he continued his journey and reached 'Sidratul-Muntaha'2 and found it fully covered with splendour, magnificence and grandeur. At this time his journey came to an end he returned through the way he had gone.

During his return journey also he first came to Baytul Maqdis and then proceeded to Makkah. On the way he met a trading caravan of Quraysh who had lost a camel and were making a search for it. He drank some water from a container of theirs and threw the remainder on the ground and according to another narrative placed a cover on it.

It was before daybreak when he dismounted in the house of Umme Hani from the animal which had taken him to the heavens. She was the first person to whom he related this matter and on the day following that night he made it known to the assemblies of Quraysh as well. The story of his 'ascension' and grand journey which was considered by Quraysh to be something impossible spread from mouth to mouth in all centres and made the chiefs of Quraysh all the more perplexed.

According to their old habit Quraysh decided to refute him and said: "Even now there are some persons in Makkah who have seen Baytul Maqdis. If what you say is correct then give an account of its structure". The Prophet not only described the structure of Baytul Maqdis but also mentioned the incidents which had occurred between Makkah and Baytul Maqdis and said: "On my way I met the caravan of such and such tribe who had lost a camel.

They had a container full of water which was a part of their equipment. I drank some water from it and then covered it.3 At another place I met a group of persons whose camel had run away and had broken its leg". Quraysh said: "Tell us about the caravan of Quraysh". The Prophet replied:

"I saw them at Tan'im (a place from where the 'Haram' commences). A brown camel was going ahead of them and they had placed a litter on it and are now entering Makkah". Quraysh became very much excited on account of these definite news and said: "We shall now come to know about your truth or falsehood". However, it was not long before Abu Sufyan, the leader of the caravan, appeared and people made known to him in detail what the Prophet had said.

The above account is a gist of what has been stated in the books of exegeses and traditions.4

Does Me'raj Have A Qur'anic Origin?

The event of me'raj' of the Prophet in the heavens has been mentioned clearly in two surahs of the Qur'an and has also been alluded to in other surah(s). We give here briefly the verses which clearly make a mention of me'raj.

In Surah al-lsra' it has been said

Glory be to Him Who made His servant go by night from Masjidul Haram to Masjidul Aqsa, whose surroundings We have blessed, that We might show him some of Our signs. He alone hears all and observes all.

This verse apparently mentions the following points:

1. In order to tell us that the Prophet travelled through these worlds in a short time, not with human strength but through Divine strength, the Almighty commences His statement with "Glory be to Him!" which points to the fact that Allah is free from all defects and needs. He has also not contented Himself with this and has introduced Himself as the Agent of the journey by saying 'Asra' (Allah made him perform the journey).

This favour was bestowed upon him so that the people might not think that the journey was performed according to natural laws and with usual means, and might, therefore deny its possibility. It has therefore, been clarified that it was undertaken through Divine Will and special favour of the Almighty.

2. This journey was undertaken at night.

3. Notwithstanding the fact that this journey commenced from the house of Umme Hani, daughter of Abu Talib, the Almighty has mentioned its starting-place to be Masjidul Haram. This is perhaps due to the fact that the Arabs consider entire Makkah to be the House of Allah and as such all its places are treated to be 'Masjid' and 'Haram'.

Hence, Allah's saying that: "He made him journey from Masjidul Haram" is perfectly in order. According to some narratives, however, the journey started from Masjidul Haram itself.

Although this verse states the starting point of the journey to be 'Masjidul Haram' and the end to be Masjidul Aqsa' there is nothing in it which may be inconsistent with the Prophet's performing another journey to the heavens, because this verse mentions one part of the journey and the verses of Surah al-Najm deal with the another part of the schedule of the journey.

4. The Prophet performed the journey with his body and soul together and not with his soul only. The words 'to His servant bear testimony to this, because the word 'servant' applies to 'body with soul'. In case me'raj had been only spiritual the proper words to be used would have been 'to His servant's soul'.

5. The object of this grand journey was to make known to the Prophet the various aspects of the existence of the great Universe. We shall elaborate this point later.

The other surah which clearly mentions the event of me'raj is 'Surah al-Najm' and the verses which you will read below were revealed in this connection. When the Prophet told Quraysh that he had seen physically the Archangel Jibreel, when he brought the first revelation, they disputed with him. The Holy Qur'an replies thus to their objection:

"Why do you contend with the Prophet about his having seen Jibreel? He beheld him once again near Sidratul Muntaha which is in the proximity of Paradise, which is the abode of good ones. It was when Sidratul Muntaha was covered with grandeur. His eyes did not wander, nor did they turn aside, for he saw some of his Lord's greatest signs".

Reports About Me'raj

The exegetes and the traditionalists have quoted many things about me'raj and the things observed by the Prophet but all of them are not final and indisputable. The great Shi'ah commentator and expert exegete, the late Allamah Tabrasi, has divided these narratives into four groups:

1. One group of the narratives is final and indisputable, for example, the fact of me'raj and some of its particulars.

2. The reports which have been quoted in a correct manner but have not reached the stage of finality, although they conform to the principles and verdict of wisdom, for example, survey of Paradise and Hell, journey in the skies and conversation with the souls of the Prophets.

3. The reports which are not apparently acceptable but are capable of interpretation, for example, the Prophet's conversation during the night of me'raj with the dwellers of Paradise and Hell which can be explained away by saying that he observed their phantoms, figures and qualities.

1. Exaggerated reports coined and circulated by the liars. For example, it is said at times that the Prophet sat that night with the Almighty or that he heard the sound of His pen.5

History Of This Event

Though it was appropriate that this grand event should have been properly recorded in all respects, yet, for some reasons, differences have risen about it and one of them is about the date of its occurrence. Two great historians of Islam (Ibn Ishaq and Ibn Hisham) say that this event occurred in the tenth year of the Prophet's prophethood.

The renowned historian Bayhaqi believes that it took place in the twelfth year of his prophethood. Some say that it occurred in the early days of his prophetic mission, whereas others say that the time of its occurrence was the middle period of the prophethood. And at times, in order to add up all these statements, it has been said that the me'raj of the Prophet took place more than once. However, we are of the view that the me'raj in which daily prayers were made compulsory took place after the death of Abu Talib which occurred in the tenth year of the prophethood of the Prophet.

We conclude this, because it is one of the established facts of history and tradition that during the night of me'raj the Almighty ordered that the Prophet's followers should offer prayers five times a day and it is also learnt from history that prayers had not been made obligatory till the death of Abu Talib, because when he was on his death-bed the chiefs of Quraysh approached him to settle the dispute between them and his nephew and to prevent him from his activities and to take whatever he wanted as a recompense for it. The Prophet who was present there addressed the chiefs thus: "I don't want anything from you except that you should confirm that there is no god but Allah and give up worshipping the idols".6

He uttered these words and did not at all mention 'salat' (prayers) or other articles of faith. This in itself shows that prayers had not been made obligatory till then, for, otherwise, mere declaration of faith devoid of a compulsory action like prayers would have been useless. And as regards the fact that he did not mention his own prophethood, it was because witnessing of monotheism implicitly means confirming of his prophethood.

Besides this, the historians have also mentioned the embracement of Islam by persons like Tufayl bin 'Amr Dosi which took place a little earlier than migration (to Madina). At that time, too, the Prophet contented himself with giving them instructions to acknowledge monotheism and his own prophethood but did not mention 'prayers'. Such incidents go to show that the time of the occurrence of the event in which prayers were made compulsory was only a little earlier than migration.

Those who think that me'raj took place earlier than the tenth year of the prophethood of the Prophet are very much mistaken, because from the eighth up to the tenth year he was besieged in the 'Valley' and the pitiable condition of the Muslims did not make it expedient that they should have been subjected to an additional responsibility like 'prayers'.

And as regards the years before the eighth, besides the fact that the pressure of Quraysh was so hard on the Muslims that they could not bear additional responsibilities, their number was also very small. At such a time, therefore, when the light of faith and its principles had not been infused in the hearts of an appreciable number of persons it appears very unlikely that an unusual responsibility like prayers should have been imposed on them

As regards the mention made in a number of narratives that Imam Ali, the Commander of the Faithful performed prayers along with the Prophet for three years before the appointment of the latter to the prophetic mission and continued them later, it may be said that it meant special and unlimited prayers and not limited and conditional prayers with a fixed time.7 It is also possible that they might have been 'recommended' and 'nonobligatory' prayers.

Was Me'raj Of The Prophet Physical?

The quality of me'raj of the Prophet has been a subject of discussion for long and much has been said about its being physical or spiritual, although the Qur'an and the traditions clearly state that it was physical.8

However, some scientific notions have prevented a group of persons from accepting this reality. Consequently they have resorted to their own interpretations and considered the me'raj of the Prophet to be purely spiritual and have said that only his spirit travelled through all the worlds and then returned to his sacred body. Some have gone a step further and say that all these events were a vision and the Prophet saw different places and travelled through them in a dream.

The statement of the last group is so much distant from logic and reality that it should not at all be considered as a part of the traditions and opinions relating to me'raj. The reason for this is that when Quraysh heard that Muhammad had claimed that he had travelled through all these places during a night they became very uneasy and got up seriously to give him the lie, so much so that his me'raj became the subject of discussion in all the assemblies of Quraysh.

In case his travelling through these worlds had been only a vision there was no point in Quraysh rising up to refute him and to create all the tumult. This is so because if a person says that one night, while asleep, he has dreamt this and that it cannot become an object of dispute and strife, for a dream is after all a dream and many impossible things can be seen in it.

For this reason, therefore, this view is not worth further scrutiny. Unfortunately, however, some Egyptain scholars like Farid Wajdi have adopted this idea and supported it with baseless statements. In spite of all this, however, it is only proper to pass it over.

What Is Spiritual Me'raj?

Those people who have not been able to solve some minute points related to physical me'raj have been compelled to resort to interpretation and have considered the Prophet's me'raj to have been a spiritual one.

Spiritual me'raj means meditation about the things created by the Almighty and observation of His Grandeur and Beauty and absorption in thoughts about Him and glorifying His name and eventual freedom from material ties and worldly interests and crossing through all possibilities and entering into internal and non-material stages. And after going through all this process a special proximity to Allah is acquired, and it is not possible to define it.

If spiritual me'raj means meditation about the Grandeur of the Almighty and the extent of the creation, such a me'raj is undoubtedly not peculiar to the Prophet of Islam as many Prophets and other enlightened and pure-hearted persons have also enjoyed this position, whereas the Qurtan mentions his me'raj as something peculiar to him and an extraordinary distinction for him. Furthermore, the Prophet had been in the aforesaid condition during many nights9 whereas me'raj has been proved to be related to a particular night.

The thing which has obliged these persons to hold the said view (i.e. the me'raj was spiritual only) is the hypothesis of the well-known Greek astronomer, Ptolemy, which has enjoyed great value in the scientists' circles of East and West for a period of two thousand years and hundreds of books have been written about it, and it was considered till recently to be one of the established laws of natural sciences. It may be summarized as under:

There are two types of bodies in the world, elemental and celestial. An elemental body consists of the four well-known elements (water, earth, air and fire). The first sphere which we observe is the sphere of earth which is the centre of the world. Then come the spheres of water, air and fire and everyone of them surrounds the other.

Here the spheres come to an end and the celestial bodies begin. Celestial bodies means the nine skies which are connected with one another like the layers of an onion and are not at all capable of rending and conciliation and separation and union and no creature can move straight through them, because this would necessitate separation of the components of the sky from one another.

The Prophet's me'raj being physical necessitates that he should ascend from the centre of the world in a straight line and should cross the four spheres and also rend the skies one after the other and the rending and conciliation of the skies is not possible and practicable according to Greek astronomy, the said thinkers have been obliged to consider the Prophet's me'raj to be only spiritual, as nobody can restrain a spirit from performing a journey.

Reply To The Above Criticism

These statements had some worth in those days when Ptolemy's astronomy had not yet lost its value in scientific circles and some persons sincerely liked it and were inclined to it. In such circumstances it was possible that we might have played with the intricacies of the Qur'an and had explained away the clear verses of the Qur'an as well as the traditions. These hypotheses have, however, lost their all-pervasive value and their baselessness has become evident. Only at times a mention of Ptolemy's astronomy is made in connection with the history of science.

Furthermore, in view of the invention of various astronomical implements and powerful telescopes and descending of Apollos and Lunas on the surface of the moon, Venus and Mars and journeys of the astronauts on the moon have left no ground for these imaginary hypotheses. Nowadays the scientists consider the existence of four elemental spheres and nine inter-connected skies to be a mere myth and have not have not succeeded in seeing, with the help of scientific implements, astronomical tools and well-equipped eyes, the worlds which Ptolemy had created with his imagination and they consider to be valueless even view which is founded on his wrong hypothesis.

An Unrhythmical Song

The leader of the Shaykhiyah sect (Shaykh Ahmad Ehsai) has sung another song in the pamphlet entitled 'Qatifiyah' and has tried to satisfy both the groups in a new manner. He says that the Prophet went for me'raj with a 'barzakhi'10 (Herculian) body. In this way, according to his own thinking, he has satisfied those who believe in physical me'raj, because he has admitted that the me'raj took place along with body and has also removed the difficulty with regard to the skies, because, in order to penetrate through the skies, it is not necessary for a 'barzakhi' body to rend them.11

Nevertheless, the enlightened, truth-seeking and unbiased persons consider this view also to be worthless and opposed to the Qur'an and clear text of the traditions, just like the previous view (the me'raj being spiritual), because, as has already been said, when you place the verse of the Qur'an relating to me'raj before a linguist he will say that the speaker means the worldly elemental body for which the word 'abd' (servant) has been used in the Qur'an and not the word 'Herculian', because the Arab society was not at all conversant with this and other similar words and in Surah al-Isra' only the common groups and individuals have been addressed.

Now the factor which has prompted him to adopt this forced interpretation is that very Greek myth about the system of existence according to which it is firm like Lawh-i Mehfooz (The Protected Tablet). But now that all the scientists refute this view it is not at all proper that we should continue to follow it blindly.

If the scholars of the past have said something on account of their being optimistic about the old astronomy they can be excused and are not much to blame, but it is not proper for us, during the present times, to ignore the Qur'anic realities on account of a hypothesis which has been refuted by the body of scientists.

Me'raj And Modern Scientific Laws

Some of those interested in natural sciences, who are anxious to fix a natural cause for every event and a physical agent, for every phenomenon, have chosen to deny the very basis of me'raj and think that modern natural and scientific laws do not confirm to the me'raj of the Prophet. For example, they say:

1. Modern science says: In order to get away from the earth it is necessary to neutralize its gravity. If you fling a ball in the air, the power of gravity brings it back to the earth. With whatever force you fling it, it will come back to the earth again. If we wish to neutralize the gravity of the earth fully, so that the ball should move on and should not return to the earth, it will be necessary to fling at the minimum speed of 25,000 miles per hour.

Hence, the Prophet went out of the zone of gravity and became weight-less. But here the question arises as to how he performed the journey at this speed without necessary facilities.

2. The atmosphere in which one may breathe does not exist beyond a few kilometers of the earth. Thereafter, as we go higher, air becomes thinner and still more unfit for breathing and occasionally we reach a point where there is no air at all. How did the Prophet manage to live without oxygen while performing his journey in the aforesaid regions?

3. The mortal rays and celestial stones destroy every terrestrial body which is touched by them. They do not, however, reach the earth on account of their collision with the regions of air and in fact these regions serve as a coat-of-mail for the inhabitants of earth. In the circumstances, by what means did the Prophet remain safe from these mortal rays?

4. Human life is deranged as and when the pressure of air increases or decreases and man can live in only a particular pressure of the air which does not exist in the upper regions.

5. The speed at which the Prophet performed his journey was decidedly more than the speed of light. Light travels at the speed of 300,000 kilometers per second and modern science has proved that no body can travel at a higher speed than that of light. Keeping this scientific law in view, how did the Prophet commence his journey at a speed higher than that of light and then returned safe and sound?

Reply To The Above Objections

When we stretch the natural laws to this extent the number of difficulties crosses the limit of those enumerated above. However, we enquire from these gentlemen the purpose of explaining these natural laws. Do they mean to say that journey in the upper worlds is impossible?

It should be said in reply that fortunately the scientific research by the astronomers of Eastern and Western blocs has made this matter something usual and possible, because, by their sending into space the first artificial satellite in 1957, which was given the name of 'Sputnic', it became clear that the power of gravity can be neutralized by means of a rocket.

Similarly by their sending space-ships carrying astronauts by means of rockets it became clear that the thing which man considered to be an obstacle in the way of his journeying in the upper worlds is remediable with the help of science and technology, and, with these industrial and scientific tools available to him, man can solve the problems of mortal rays and the difficulty about the lack of air in which one could breathe.

And even now the sciences relating to space are in a state of expansion and the scientists are confident that after some time it will be possible for them to lead their lives in one of the celestial spheres and they will travel quite easily to the moon and to Mars.12

These scientific and technical developments clearly show that such an activity is hundred per cent possible and is not something beyond reason.

It is possible that some persons may argue that such a journey cannot be undertaken without scientific and mechanical implements and as the Prophet did not possess these resources during the night of me'raj how could he travel in such worlds without them?

Reply to this statement becomes quite clear from our foregoing discussions about the miracles of the Prophets and especially from the detailed narrative which we have penned earlier about the events of the 'Year of the Elephant' and the incident of Abrahah's army being killed with small stones, for it is an established fact that the things which ordinary persons do with implements and scientific tools can be done by the Prophets with the blessings of Allah, and without any apparent and external means.

The Prophet of Islam went to me'raj with the blessing of Almighty Allah to Whom the entire creation belongs and Who is the Creator of this wonderful system. It is He who has given gravity to the earth and cosmic rays to the sun, and has created different layers in the atmosphere. And He can take these things back and control them whenever He likes.

In case the schedule of the historical journey of the Prophet was accomplished under the command of Allah all these laws decidedly surrender before His absolute Will and are in the grip of His power every moment. In the circumstances what difficulty should there be if the Lord who has given gravity to the earth and cosmic rays to the heavenly bodies should take His chosen servant out of the centre of gravity with His unlimited power and without any apparent means? Allah who has created oxygen can certainly create air for His chosen Prophet in the areas where air does not exist.

The efficacy of a miracle is basically different from that of the natural causes and the strength of man. We should not consider the strength of Allah limited like our own. If we cannot perform a job without means we should not say that the Omnipotent Allah cannot also perform it. From the point of view of difficulty and its solution the bringing to life of the dead, the transformation of a rod into a boa and keeping Prophet Yunus alive in the belly of a fish in the depth of the sea-the events which have been confirmed by the Heavenly Books and have been narrated for us-are not unlike the me'raj of the Prophet of Islam.

In short all the natural causes and external impediments are controlled and conquered by the Will of Allah. His Will does not concern only that which is an impossibility, but besides that He can do whatever He likes, whether or not man possesses strength for it or not.

No doubt we are addressing here those people who recognize Allah with the qualities and attributes which are peculiar to Him and who believe that He is Omnipotent and can do whatever He wills.

The Object Of Me'raj

A person asked the fourth Imam: "Is there a particular place for Allah?" He replied: "No". The man said: "Then why did He make His Prophet journey through the skies?" The Holy Imam replied: "He made him ascend so that he might become aware of the expanse of the Universe and see and hear wonderful things, the like of which had not been seen and heard by the eyes and ears before".

It is no doubt necessary that the last Prophet should enjoy such a position that he should rely on his vast information and should be able to send a message to the people of the 20th century, who are still thinking of travelling to the moon and to Mars, that he did this performance without any means and his Creator was kind to him and made him fully aware of the system of creation.

Notes

1. Majma'ul Bayan Surah Bani Isra'il, 17:1, vol. III, page 395.

2. For understanding fully the meaning of 'Sidratul Muntaha' refer to books of exegeses.

3. Some narrators have quoted thus: "I dropped the remainder". Possibly the difference between the two versions is due to the action having been repeated.

4. For further details the readers are advised to refer to the chapters on 'Ascension' of Biharul Anwar, vol. XVIII, pp 282 - 410 and of Tafsir-i Burhan, vol. II, pp. 390 - 404.

5. Majma'ul Bayan, vol. III, page 395.

6. Seerah-i Ibn Hisham, vol. II, page 27.

7. For further information regarding the time when wuzu, prayers and call to prayers were made obligatory please refer to Furu'-i Kafi, vol. I, p. 135.

8. The great Shi'ah jurist, the late Shaykh Tabrasi, has stated in Tafsir-i Majma'ul Bayan that all Shi'ah scholars are unanimous that the 'Me'raj' was physical, vol. III, page 395.

9. Wasa'il, Book of Fasting, chapter-prohibition of fasting.

10. Barzakhi body is like the body with which man performs all deeds in a dream.

11. The pamphlet entitled 'Qatifiyah' is one of his 92 pamphlets which were published collectively in 1273 with the name of "Jawame'ul Kalim". The text of his remarks is as under: "In the event of ascension as the body goes above it abandons the elements connected with every one of the spheres at that very place and moves on. For example, it leaves the element of air in the sphere of air and that of fire in the sphere of fire. And at the time of its return it regains all that it had abandoned". Hence, at the time of 'Me'raj', the Prophet abandoned everyone of the four elements of his body (in the past the basic elements were considered to be four) in their respective spheres and went for me'raj with a body which was devoid of these elements. Such a body cannot be an elemental body and can be nothing else than 'barzakhi' (according to his terminology a 'Herculian' body). In the book entitled 'Sharh-i Ziarat (pages 28 - 29) the Shaykh states that the nine skies are not capable of rending and conciliation.

12. After artificial moons had been sent in the space, a twenty seven year-old Russian named Major Gagarin first commenced his journey into space in a space ship on Wednesday, 12th April 1961. He was the first human being to undertake such a journey. His spaceship went 302 kilometers above the earth and he travelled round the earth for one hour and thirty minutes. Thereafter spaceships were sent into space by America as well as by the Soviet Union. Eventually Apollo-12 with all its occupants landed on the moon and it was for the first time that man set his foot on it. This schedule has been put to test a number of times thereafter and has been usually successful. All these activities go to show that landing of man on the surface of the spheres is possible. And the thing which man does by scientific methods is done by his Creator by means of His Great Will.

Chapter 23: Journey to Ta`if

The tenth year of the prophetic mission came to an end with all its agreeable and disagreeable events. During this year the Prophet lost two great defenders and supporters. In the first instance the chief of the family of Abdul Muttalib, the distinguished defender of the Prophet and the prominent personality of Quraysh viz. Abu Talib breathed his last.

The pangs of this tragedy were still fresh in the heart of the Prophet when the death of his dear wife Khadijah1 aggravated his pain. Abu Talib was the protector of the life and honour of the Prophet and Khadijah served Islam with her immense wealth.

From the commencement of the eleventh year of the prophetic mission the Prophet was spending his time in an atmosphere which was replete with enmity and grudge against him. His life was in constant danger and he was deprived of all the possibilities of the propagation of Islam.

Ibn Hisham writes2 that after a few days of the death of Abu Talib a Qurayshite threw some dust on the head of the Prophet and he entered his house in the same condition. The eyes of one of his daughters fell on his pitiable condition. Crying loudly and with tears trickling from her eyes she rose, brought some water and washed the head and face of her dear father. The Prophet consoled her and said: "Don't cry. Allah is the Protector of your father". then he said: "While Abu Talib was alive Quraysh did not succeed in doing anything unpleasant against me".

On account of the biting atmosphere of Makkah the Prophet decided to go to some other environments. In those days Ta'if was a thriving centre. He, therefore, decided to go there alone and contact the chiefs of 'Saqif' tribe and invite them to Islam so that he might possibly achieve success in this manner. After arriving at Ta'if he met the chief and elders of that tribe and explained to them the religion of monotheism, and asked for their support and assistance.

However, his words had not the least effect on them and they said: "In case you are the chosen one of Allah it will be inviting torture to refute you and if your claim is false you are not fit to be talked to".

The Prophet understood from this flimsy and childish logic of theirs that they wanted to avoid him. He, therefore, rose and took a promise from them that they would not say anything about the matter to others, because it was possible that the low and mean elements of 'Saqif' tribe might make it a pretext to harm him and might take undue advantage of his being alone and away from his home town.

However, the elders of the tribe did not keep their promise and instigated the loafers and simpletons against him. Suddenly the Prophet found himself encircled by a group of person who wanted to use all methods to tease him. He saw no alternative but to take refuge in a garden which belonged to two persons named 'Atbah and Shibah.

The Prophet entered the garden with great difficulty and then the said persons ceased to pursue him. 'Atbah and Shibah were wealthy Qurayshites who also possessed a garden in Ta'if. When the Prophet entered the garden sweat was flowing down his head and face and some parts of his sacred body had also been hurt. He sat down involuntarily under the vine which rested on the trellis and began to utter the following supplication:

"O Lord! I present my weakness and lack of strength before You. You are the kind Nourisher. You are the helper of the weak. To whom are You abandoning me?

These and many other invocations which we have briefly quoted, strongly impress the hearts, because they are supplications by a person who has spent fifty years of his life with great honour and dignity under the protection of self-sacrificing supporters, but now his circumstances have undergone such change that he has taken refuge in the enemy's garden and is waiting for his fate with an exhausted and wounded body.

The sons of Rabiyyah, though idol-worshippers and enemies of Islam, were very much touched to see the pitiable condition of the Prophet They, therefore, ordered a Christian slave of theirs, named Adas, to take to him a receptacle full of grapes. 'Adas took the grapes to the Prophet and placed the same before him and looked at his face somewhat intently.

In the meantime an interesting incident took place. The Christian slave observed that while eating the grapes the Prophet said: "In the name of Allah, the Compassionate, the Merciful". He was very much surprised to hear this and, breaking the seal of silence, said: "The people of the Peninsula are not acquainted with these words and I have not so far heard anyone of them uttering them. People of this area begin their work with the names of 'Lat' and 'Uzza'.

The Prophet enquired from him about his birth-place and his religion. He stated that he belonged to Naynavah and was a Christian. The Prophet then said: "Do you hail from the place to which the pious man Yunus (Jonah) son of Mata (Mathew) belonged?" He was all the more surprised to hear this and again enquired: "How do you know Yunus son of Mata?"

The Prophet replied: "My brother Yunus was Allah's Prophet like myself". The Prophet's words which showed signs of truthfulness made a strange impression on 'Adas and he was attracted towards him involuntarily. He prostrated himself, kissed the Prophet's hands and feet and expressed faith in his religion. Thereafter he took leave of him and returned to the owners of the garden.

The sons of Rabiyyah were very much surprised to observe the spiritual revolution which had taken place in the Christian slave. They enquired from him: "What conversation did you have with this stranger and why did you show so much humility before him?"

The slave replied: "This person who has now taken refuge in your garden is the chief of the entire humanity. He has told me things which only Prophets know and he is the very Promised Prophet". The sons of Rabiyyah were very much annoyed to hear the slave's words. Apparently, however, they said benevolently: "This man should not estrange you from your old faith. And the religion of 'Isa (Christ) which you follow at present is better than his".

The Prophet Returns To Makkah

The intensity with which the people pursued the Prophet ended with his taking refuge in the garden of the sons of Rabiyyah. However, he had to return to Makkah now, and even this return was not free from difficulties, because his only defender had since departed from the world and it was possible that at the time of his arrival in Makkah he might have been captured and killed.

The Prophet decided to spend a few days in Nakhlah (a place situated between Makkah and Ta'if). His idea was to send some one from there to one of the chiefs of Quraysh so that he might procure 'security' for him and then he might enter his birth-place under the protection of some such person.

However, he could not find at Nakhlah anyone who might go to Makkah on his behalf. Later he left Nakhlah for Mount Hira. There he met a Khaza'i Arab and asked him to go to Makkah and speak to Mut'am bin Adi, who was one of the towering personalities of Makkah, for his (i.e. the Prophet's) 'security'.

The man went to Makkah and conveyed the message of the Prophet to Mut'am. Although Mut'am was an idol-worshipper he accepted the request of the Prophet and said: "Muhammad should come straight to my house. My sons and I shall protect his life".

The Prophet entered Makkah at night and went direct to the house of Mut'am and spent the night there. Next morning Mut'am said to the Prophet: "Now that you are under my protection it will be in the fitness of things if Quraysh should also know about it. Hence, to proclaim this it is necessary that you should accompany me to Masjidul Haram". The Prophet accepted the idea and got ready to go there. Mut'am ordered his sons to arm themselves and encircle the Prophet. Then they entered the mosque.

Their arrival in Masjidul Haram was very impressive. Abu Sufyan who had been lying in wait for the Prophet since long was very much annoyed to observe this scene and abandoned the idea of molesting him. Mut'am and his sons sat down and the Prophet started performing 'tawaf'. After performing 'tawaf' he left for his house.3

Soon afterwards the Prophet left Makkah for Madina and the beginning of the year of 'migration' Mut'am passed away in Makkah. The news of his death reached Madina and the Prophet remembered him for his goodness. The poet of Islam, Hassan bin Thabit, recited some verses in memory of his services. The great Prophet remembered him on various occasions.

So much so that when, after the Battle of Badr, Quraysh were returning to Makkah after having sustained great loss and leaving behind a number of persons, who were captured by the Muslims, the Prophet remembered Mut'am and said: "If Mut'am had been alive and had asked me to release all the captives or to gift them to him, I would not have rejected his request".

A Point Which Deserves Attention

The tedious journey to Tatif undertaken by the Prophet makes abundantly clear his steadfastness and forbearance and the fact that he never forgot the services rendered by Mut'am at a particular time tells us about his sublime habits and high morals.

However, over and above these two qualities of the Prophet, we can well imagine how appreciative he must have been for the valuable services rendered him by Abu Talib. Mut'am lent support to the Prophet for a few hours or for a few days, but his noble uncle defended him throughout his life. Mut'am did not suffer even one-thousandth part of the hardships and tribulations which Abu Talib suffered.

And when the Prophet was willing to release all the captives of Badr or to gift them away to Mut'am for the sake of services rendered by him for a few hours what would he do in lieu of the services rendered by his dear uncle?

It is necessary that the person, who supported the Prophet for full forty two years and risked his own life during the last ten years to protect him, should enjoy a very high position in the eyes of Muhammad, the leader of humanity. And then there is a clear difference between these two persons. Mut'am was a polytheist and an idol-worshipper, whereas Abu Talib was considered to be one of the great personalities of the world of Islam.

Speeches In The Famous Bazaars Of Arabia

During Haj season the Arabs assembled at various places like 'Ukaz', 'Majannah' and 'Zil-Majaz'. Great poets and speakers sat at elevated places and entertained the people with their verses and speeches which depicted bravery, self-praise and love The Prophet availed of this opportunity like the Prophets of the past. And on account of being secure from molestation by the idol-worshippers owing to fighting being unlawful during the prohibited months he mounted a high place, turned to the people and addressed them thus:

"Acknowledge the Oneness of Allah so that you may attain deliverance. With the strength of faith you can control the entire world, can make the people obey your orders and can find place in Paradise in the next world".

Invitation To The Heads Of The Tribes During Haj Season

During Haj season the Prophet contacted the chiefs of Arabia and saw all of them in their respective lodgings and presented the reality of his religion before them. At times, when the Prophet was busy conversing with them Abu Lahab appeared on the scene and said: "O people! Don't believe in what he says, because he is campaigning against the religion of your ancestors and his words are baseless".

The opposition of the Prophet's uncle reduced the effect of his sermons amongst the heads of the tribes and they said to themselves "If his religion were true and profitable members of his own family would not have opposed him''.4

Notes

1. Ibn Said says that the death of Khadijah took place one month and five days after that of Abu Talib. (Tabaqat, vol. I, page 106). Others like Ibn Athir, however, believe that she died earlier than him. (Tarikh-i Kamil, vol. II, page 63).

2. Seerah-i Ibn Hisham, vol. I, page 25.

3. Tabaqat Ibn Sa'd, vol. I, pp. 210-212 and al-Bidayah wan Nihayah vol. III, page 137.

4. Tabaqat Ibn Sa'd, vol. I, page 216 and Seerah-i Ibn Hisham, vol. I, pp. 422 -442.

Has Khums BeenForgiven during the Absence of Imam Zaman (a.s.)?

They ask: “Hasn’t Khums been forgiven during the absence of Imam Zaman (a.s .) from his holiness to Shiites and still have people the duty to pay Khums to Bayt Al-Mal in order to spend in necessary ways of consumption? While several cabbalas say that: “Imams of Ahlul Bayt has forgiven Khums”. Therefore if we accept that Khums is obligatory on all kinds of income, then we should also accept that Khums is forgiven during the absence time!

***

The answer to this question is available almost in all of Fiqh books and those who assume that this question is a new question or they are the only persons who have seen the Ahadith of Tahlil (to make Halaal) are hardly mistaking.

A glimpse to Fiqh books especially the bookswhich recent Faqihs have wrote shows that this matter had been completely in the area of attention of Faqihs and they had answered to that.

We consider it necessary to explain this issue completely for respected readers in order to give more description.

Cabbalas which have caused this hallucination consist in five groups:

First, are cabbalas which have been said about the spoils of war and captives of war and women who were among slaves and had been taken as servants by people and those people married them and had children with those women.

We know that if Jihad had not been performed by the permission of Imam, then all of spoils which are taken are for Bayt Al-Mal and should be spent by the permission of Imam and if jihad had been performed by the permission of Imam then Khums applies on them and in case of not paying the Khums, using them is Haraam.

Therefore, female servants who had taken by people as spoils and their Khums had not been paid were Haraam to their owners and theydidn’t have the right to treat those women as their wives.

Therefore, if you notice this ruling then understand that children who are born from these women are illegitimate, therefore Imams of Ahlul Bayt have forgiven this part of Khums which is related to those women in order that their children born legitimately.1

According to this short preface, we mentionthis group of cabbalas in continue :

1- We read in cabbala of “Zurays Kunasi” that Imam Sadiq (a.s .) said: “Do you know that from where adultery entered among (some of) people?I said no. He said: From the Khums of us Ahlul Bayt, except our pure Shiites which is Halaal for them and also it is Halaal for their birth”.2

2- Muhammad ibn Muslim quotes from Imam Baqir (a.s.) or Imam Sadiq (a.s.) that he said: “The most severe thing which people are involved with in the day of judgment is that the owner of Khums stands and says My God! (Usurped) My Khums but we made it Halaal for our Shiites in order that their birth to be pure and their children born pure.3

3- Fazil (Ibn Yassar) quoted from Imam Sadiq (a.s .) that he said: “A person who feel our love in his hearth thanks Allah for his first gift.I said: What is the first gift of Allah your holiness? Hesaid: It is the purity of birth (and sperm).

Then he said: Amir Al-Mu’mineen (a.s .) told Fatima (a.s.) that make your share from spoils Halaal for the fathers of our Shiites in order to make them pure.

Then Imam Sadiq (a.s.) said: We made mothers of our Shiites Halaal for their fathers in order that they become pure (and their children to be Halaal children)”.4 And Also Ahadith 15, 16, 18 and 20 from chapter 4 of chapters of Anfal and Hadith 8 from chapter 8 of chapters “What Khums is obligatory in it”.

These eight Ahadith has been expressed clearly about the issue of female servants and we know that according to affirmation of Faqihs they are excluded from Khums but obstinate and less-literate people have wanted to make them as a prove for Tahlil (to make Halaal) of Khums in absolute way without noticing to content of them and noticing to explicit Fatwas of Faqihs, unaware that with a little attention to the content of these Ahadith their lie will be revealed.

***

Second, are Ahadith which proves the Tahlil of Khums in specific and certain time, because as we said before Prophet (S) and Imams (a.s.) as the governor of Islamic government had the right to forgive this Islamic tax in special conditions according to benefits of Muslims.

As it had necessitated to add some extraordinary taxes temporarily and limited in hard conditions, also this is one of the authorities of Islamic government to dispense with that temporarily according to the conditions of Muslims.

We mentioned some examples of these Ahadith in continue:

1- “Younos ibn Ya’qoob” quotes that I was with Imam Sadiq (a.s.) that a man entered and said your holiness, there are assets and benefits and merchandises that we gain and we know that you right is in them and we are guilty about this matter; Imam (a.s.) said: If we order you to pay these rights today this is unfair (it means that we forgive them to you because of strong pressure from government or living which is on you).5

2- Hakim (Ibn Eisa) quotes from Imam Sadiq (a.s .) that I asked what is the meaning of the verse “و اعلموا انما غنمتم ”? He answered: “Any benefit whicha human gains day by day; but my father forgave Shiites in order them to be pure”.

All of these Ahadithare related to exemption of a group of Muslims who were in special conditions from this Islamic tax plan and it is not the proof of general exemption at all.

The clear proof and strong evidence about this matter is that some of other Imams (a.s.) or Imam Baqir (a.s.) and Imam Sadiq (a.s.) had charged Shiites to pay that and take this Islamic tax from them seriously in conditions that they were capable of paying, and we mention some examples in continue:

1- “Muhammad ibn Zayd Tabari” quotes that one of merchants from Fars who were one of friends of Imam “Ali ibn Mousa Al-Reza (a.s.)” wrote a letter to his holiness and askedfor the Tahlil (to make Halaal) of Khums, his holiness wrote him:

“In the name of Allah the compassionate the merciful, Allah is most granter and generous, he had made a prize for any good act and deprivation of prize for abstaining from good acts; there is no Halaal (free and permitted to use) asset unless Allah has made it Halaal (know that) Khums helps us to organize religious tasks and also tasks about our family and our Shiites, and we save our honor by that against tyrants.

Therefore, do not ignore paying of Khums …

Muslim is a person who is loyal to the divine oath and pledge, not in the way his tongue says that and his hearts denies”.6

2- And also the same person quotes that a group came to Imam “Ali ibn Mousa Al-Reza (a.s.)” from Khorasan and asked him to exempt them of paying Khums, Imam said: “I do not permit such a thing, you express your kindness to me by your words, but you withhold the right which Allah has legislated for us and has made us its servants from us, I do not exempt any of you, do not exempt, do not exemp”.7

3- Abu Basir quotes from Imam Baqir (a.s .) that I heard that his holiness was saying: “Anyone who buy something from Khums, Allah will not forgive him because he has bought a thing which is not Halaal for him”.8

Moreover, cabbalas 8, 9 and 10 of this chapterand also cabbalas 1, 2, 3, 4, 5, and 6 of chapter eight from chapters of “What Khums is obligatory in it” say that some of Imams (a.s.) not only didn’t permit the Tahlil of Khums, but also took that seriously for spending in necessary cases.

Itis understood well from these cabbalas that the matter is not permanent and forever, but it is exclusive to specific conditions like some of tax exemptions.

***

Third, has been about a specific person, which means that a specific person had came to Imam (a.s .) and Imam exempt him from paying Khums by considering his conditions.

Example of this matter is Hadith 13 of chapter 1 from chapters ofAnfal9 which shows that a person called “Hakam ibn Oliya Asadi” came to Imam Baqir (a.s.) while he had brought the Khums of his assets, his holiness took that Khums and then forgive it to him.

Because the conditions of this person were in the form that because of need or encourage or any other purpose, it was best thing to do to exempt him from paying Khums.

And the sentence that Imam said “I make this Halaal for you” is a proof for the fact that this order had not been a general ruling, unless this expression doesn’t make any sense.

***

Fourth, are cabbalas which theirs contents are about Tahlil but it clears by noticing that the meaning of them is not Khums, but it is “Anfal” (Spoils and also public resources)

Like cabbala 12 of chapter 4 from chapters ofAnfal which the late owner of Wasael has mentioned that with other cabbalas of Tahlil in one chapter, but it is understood well from below of the cabbala that it is related to Anfal lands (public resources).

Therefore, all emphasize of this cabbala is on the issue of lands and fields.

And also seventeenth cabbala of this chapter.

***

Fifth, arecabbalas which are not exclusive to specific time or person, and their features are absolute Tahlil, that are only three cabbalas which we study in continue.

First is the cabbala that “Salim ibn Mukram” (Abu Khadija) quotes from Imam Sadiq (a.s.) that I was there when someone came to Imam (a.s.) and said I want you to permit me for sexual intercourse with women, Imam was frightened by his words; a person from attendance said he does not mean to rape people, but he means that he wants to buy a female servant (from spoils and assets which their Khums has not been paid) or a women to marry him, or a heritage which he receives, or the income of business or the thing that someone gives him as a gift; Imam (a.s.) said these are all Halaal for all of our Shiites, consisting those who are present here or absent, those who are dead or alive, or those who will be born until the end of days, these are Halaal for everyone.10

Although nothing has been mentioned explicitly about the Khums in text of Hadith, but thething which Imam (a.s.) has made Halaal for everyone consisting of merchandise and spoils of war and gifts should be an asset which Khums has been implied on it.

But we should note that first of all, the document of this Hadith is weak because Salim ibn Mukram who his another name is Abu Khadija is the subject of lots of discussions among scholars of Rijal science; some persons considered him reliable and some others considered him very weak, and some scholars has stop discussing about him and expressed no comment, and accordingly cabbalas which he had quoted alone are not acceptable.

Secondly, if we pay little attention to the question which has been asked from Imam, it clears that whole discussion in cabbala is about female servants whom Khums had been implied on them or women who their Mahr (marital gift) had been paid from assets which their Khums had not been paid, or a female servant or a women who has been given to a person with gifts and heritages which Khums had implied on them.

Briefly, content of Hadith is completely about women and wives who are given to a Muslim, and either their Mahr or they themselves have been one of cases of implication of Khums and the answer of Imam (a.s.) is also exclusive to this part, unless this does not any sense that a person asks about women and another person from attendance generalize his words to everything.

Therefore the last thing which is understood from this Hadith is that any right which belongs to the Khums of Mahr of women and spouses has been made Halaal by Imam (a.s.) for anytime and anyone of Shiites in order for “purity of birth” which means legitimacy of children, and as we said before this is the matter which our Faqihs had expressed in Fiqh books as an exception, but it could not be the proof of forgiveness of Khums forever, but forgiveness is exclusive to the issue of wife and female servant.

Also we know that according to cabbalas of chapter of “Mahr” (marital gift) if a person has decided not to pay the Mahr of a woman or pay it from a Haraam asset, he is considered as adulterer.11

Although some Faqihs understood Tahrim (being Haraam) and some others Karahat (being disliked) from this kind of Ahadith, but anyhow it shows that paying Mahr from asset which is not completely owned by a person is not without influence on the condition of child and accordingly this part of Khums has been forgiven in order for purity of children.

There it is not possible to prove a thing with thiscabbala which has neither enough implication nor reliable document.

Second one is a Hadith that “Ma’aaz ibn Kathir” quotes from Imam Sadiq (a.s.) that he said: “There is lots of opportunities for our Shiites in order to spend their wealth in charity in the way of Allah, but when our Qa’im (he who arises) arises, any treasure which anyone has saved will become Haraam for him, in order to give that treasure to him and use it for achieving to his goals”.

But as it clears by an accurate look, nothing has been mentioned about the issue of Khums in this Hadith, but it points to the fact that capitalists and rich people of the nation can save wealth and also spend in charity in the way of Allah until the day that Mahdi (a.s.) arises, then in that day they should give all of their savings to him in order to use them for advancement and expansion of justice of earth.

The best reason for the fact that Hadith has no relation with Khums is that he says they should give all of their savings to Mahdi not only its Khums (one fifth), because if the purpose of Hadith was the issue of Khums he should say give its Khums to him.

Also we should note that there is “Muhammad ibn Sinan” among tellers of this Hadith whom his condition is not clear for the scholars of Rijal science and they have arguments about him.

Third one is a Mursala Hadith which has been quoted in “Interpretation of Ayyashi” from Imam Sadiq (a.s.) that he said: “The most difficult thing which people are involved with in the day of judgment is that the owner of Khums stands and say My God! My Khums (has not been paid), but our Shiites are exempted from this matter”.

It is obvious without saying anything that, this Hadith is Mursala and an unknown person has quoted that from Imam Sadiq (a.s .) and it is impossible to refer to it according to the Hadith science and this is an expression which all scholars of Rijal have accepted.

***

We conclude from all that we said, that there is no acceptable proof for Tahlil of Khums in an absolute way available, and those who claim like this in fact had not studied these cabbalas enough, unless it is clear according to above assortment that there is no cabbala available which its content shows the exemption of all people from Khums.

Albeit if we see cabbalas by an elementary view, maybe this hallucination occurs, but as we saw it clear by studying and analyzing and correct assorting of cabbalas that hallucination of absolute Tahlil is not correct and Khums is still available as an Islamic order.

And all people have to perform that like other duties.

Notes

1. It has been completely discussed about slavery in Islam and why Islam has allowed such a thing about the captives of wars and the plan of Islam for making slaves free and preventing humans to be trade in the book “Islam and freedom of slaves”.

2. Wasael Al-Shi’aa, vol. 6, Hadith 3 from chapter 4 of chapters of Anfal.

3. Hadith 5, from chapter 4 of chapters of Anfal.

4. Hadith 10, from chapter 4 of chapters of Anfal.

5. Hadith 6, from chapter 4 of chapter of Anfal.

6. Wasael Al-Shi’aa, vol. 6, chapter 3 from chapters of Anfal, Hadith 2.

7. Wasael Al-Shi’aa, vol. 6, chapter 3, Hadith 3.

8. Wasael Al-Shi’aa, vol. 6, chapter 3, Hadith 5.

9. Wasael Al-Shi’aa, vol. 6.

10. Wasael Al-Shi’aa, vol. 6, chapter four of Anfal, Hadith 4.

11. Refer to Wasael Al-Shi"aa, vol. 15, pages 21 & 22 & 23 (chapter 11 from chapters of Mahrs).

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

For answering this question we should say that if purpose of beginning of Islam is the time of Imams (a.s.), then the answer is positive, because as it is understood from previous discussions most of leader Imams (a.s.) not only took the Khums of all kinds of income in their time, but their ordered people emphasizing on paying this Khums, and even they had chosen special deputies and agents for collecting this Khums and people like “Ali ibn Mahzyar” and “Abu Ali ibn Rashid” and like them had this duty.1

And if the purpose of beginning of Islam is specifically the time of Prophet (S) and Amir Al-Mu’mineen (a.s.), then we should say that Khums had been taken in their time from spoils of war and also mines and treasures and diving (gems which gains by diving from the sea) and the proof of this matter has been quoted in Sunan of Beihaghi that in time of Ali (a.s.) a person found a treasure and came to Imam, Imam (a.s.) said: Four fifth of that asset is yours and one fifth (Khums) of that asset is mine.2

And also another matter like this has been quoted in the same book in another Hadith.3

And also in that same book which is one famous resources of Ahlul Sunnah has been quoted that he said: there is Khums in “Rekaz”; people asked that what is Rekaz? He said: Gold andsilver which Allah has created from the day of beginning in the earth.4

Also, a detailed Hadith about this matter has been quoted in Wasael Al-Shi’aa from the time of Ali (a.s.) that a person found a “Rekaz” (mine of treasure) in the time of Ali (a.s.) and when his holiness informed about that he told that man: Bring its Khums and hand it over.5

We had some Ahadith in previous discussions that showed Prophet (S) ordered continuously that there is Khums in Soyoob and people should pay its Khums and as we said before “Soyoob” pronounced as “Oyoob” is plural form of “Sayb” pronounced as “Ghayb” in the meaning of mines and treasures and some persons said that it can also consists of any kind of gift and bestowal and by the way we conclude that order of Khums in other than soils of war had been issued in the time of prophet (S) and Prophet had ordered people to give that in his letters.6

But this question remained that if Khums had been taken from all kinds of income in the time of Prophet (S) and Ali (a.s.) or not?

We say in answer to this question that we do not have clear historical evidences about this matter that Khums of all incomes had been taken in the time of Prophet (S) and Ali (a.s .), but this matter makes no problem about this ruling.

Because as we said before, taking and forgiving of this Islamic tax is one of authorities of Islamic government, when government find itself needless or people in trouble it can forgive that but when government has needs and sees the ability of paying in people it can take that, like later Imams who some of them had took Khums and some others had forgave that according to the conditions of people or Bayt Al-Mal.

In the time of Prophet (S) and Ali (a.s.) lots of spoils from battles and also great income from Kharaj lands which their rents had been paid to Bayt Al-Mal had gained by Islamic government; amount of these spoils some times were so much that their Khums could easily solve most of financial problems of Islamic government.

And also sometimes income from Kharaj lands were so much that Bayt Al-Mal had been overflowed by assets and in these conditions there were no need for taking Khums of all incomes and therefore they had forgave it to people practically.

At the beginning of Islam when the need of Bayt Al-Mal was so much to resources of income, conditions of Muslims were so unsettled and weak that paying Khums after Zakat was cumbersome for them, and accordingly Khumshad not been taken .

But in the time of other Imams (a.s.) when the Khums of spoils of war and also income of Kharaj lands had been taken by usurper caliphs and Imams had not them, and also people had the ability of paying the Khums of all of their incomes, Imams had taken Khums from them.

Briefly, not taking Khums in the time of Prophet (S) and Ali (a.s .) from all kinds of income is not he reason for nonexistence of this ruling in the program of rulings of Islam.

Mentioning this point is also necessary that it is understood from some letters of Prophet (S) which we quoted before that he had taken Khums from “Anfal” (dead land, pasturages and streams).

And we read in the book “Kanz Al-Ummal7 ” which if one famous resources of Ahlul Sunnah that he said:

ان لکم بطول الارض و سهولها و تلاع الاودیة و ظهورها على ان ترعوا نباتها و تشربوا مائها على ان تؤدّوا الخمس

Notes

1. Refer to Ahadith of chapter eight from chapters of “What Khums is obligatory in it”, vol. 6 of Wasael Al-Shi’aa.

2. Sunan of Beihaghi, vol. 4, page 156.

3. Sunan of Beihaghi, vol. 4, page 157.

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

5. Wasael Al-Shi’aa, vol. 6, the book of Khums, chapter six, Hadith 1.

6. Refer to the book “Makateeb Al-Rasool”, pages 397 & 405 and also “Usd Al-Ghaba”, section 3, page 38.

7. Kanz Al-Ummal, vol. 7, page 65; and in the book “Makateeb Al-Rasool”, page 365, it has been quoted from other resources.

Is allocating Khums for Sadat Discrimination?

Some people assume that this Islamic tax which consists twenty percent of lots of assets and half of it has been allocated for Sadat (pl. of Sayyid) and children of Prophet (S) is considered as a kind of racial superiority, and it is possible to see partiality for relatives and discrimination in that, and this matter is not compatible with the soul of social justice of Islam and universality and generality of that!

Answer:

Surely, people who think this way had not studied the conditions and characteristics of this Islamic ruling completely, because the complete answer to this questionis hidden in these conditions; the explanation of this expression is that:

First of all, half of Khums which is for Sadat of Bani Hashim should be given exclusively to their poor persons, and only as much as they need for one year to live and nothing more than that; therefore only persons who are either superannuated or ill, and orphan children or any other person who has reached a dead end in costs of living in any way.

Therefore, persons who are able to work and potentially or practically can gain an income which cover their costs of living, never can use this part of Khums, and the sentence which is famous among people that: “Sadat take Khums even the chute of their house has been made by from gold!” is nothing more than common talk and has no fundamentals at all.

Secondly, poor and needy persons of Bani Hashim do not have the right to spend anything from “Zakat” and inchange they should only use this part of Khums.1

Thirdly, if the share ofSadat which is half of Khums is more than their need, then that amount should be paid to Bayt Al-Mal, as if their need is more than their share from Khums, inevitably they should be paid from Bayt Al-Mal or the share of “Zakat”.2

According to these triple reasons, it clears that in fact no differencehad been made between Sadat and other than Sadat in financial matters.

Needy and poor persons of Sadat can cover their costs of living for one year from Zakat but theyare deprived from Khums and poor people who are not from Sadat can use Khums, but they do not have the right to use Zakat.

In fact, two sources are available here, source of Khums and source of Zakat, and each of these two groups can only use one of these two resources in equalamount which is the costs of living for one year.

But persons who did not pay attention to these characteristics and conditions assume that more share has been placed for Sadat from Bayt Al-Mal.

The only question that remains is that if there is no difference in result between these two sources then what benefit can this program have?

The answer to this question can also be understood by noticing a matter, and the matter is that there is an important difference between Khums and Zakat and the difference is that Zakat is one of taxes which in fact considers as public assets of Islamic society, therefore its usages should be in this same part, but Khums is one of taxes which is related to Islamic government; it means that costs of Islamic government and its governor should be provided from this source.

Therefore, deprivation of Sadat from public assets (Zakat) in fact is for preventing the relatives of Prophet (S) from this part, in order not to give anybody any excuse that Prophet (S) has dominated his relatives on public assets.

But needy and poor persons of Sadat should also be provided; this matter has been foreseen in Islamic laws in the way that they use the budget of Islamic government not the public budget.

Therefore, not only Khums is a superiority or advantage for Sadat, but it is a kind of putting them aside for public benefits in order that no misdeem can be made.3

In other hand, these cabbalas prove this fact that “Zakat” is not a considerable income which anyone tries to gain that and people use that for gaining blessings, but these are dirty assets because a person had not worked for that and pure and clean assets are those which human works and endeavors for gaining them.

And the main goal is that Zakat reaches people who really deserve it not the ones who are lazy and idle and do not want to work for their living, albeit this is salubrious and completely without obstacle for people who really deserve Zakat and seemingly this expression (Awsakh) is taken from the holy verse (verse 130 of Tawba Sura) “خذ من اموالهم صدقة تطهّرهم ” because this verse say that paying Zakat is the cause of purity and we know that in order to pure a thing we should always remove its dirt from it.

It is interesting that this matter has been mentioned it Ahadith of Shi’aa and Ahlul Sunnah; we read in a Hadith from Imam Sadiq (a.s.) that a group of people from Bani Hashim came to Prophet (S) and asked his holiness to launch them in the duty of collection Zakat of four-footed animals and they said we deserve more for this share which Allah has specified for collectors of Zakat; Prophet (S) said: Bani Abdul Muttalib! Zakat is not Halaal (permitted) neither forme nor you, but I promise my intercession in change of this deprivation … you should be satisfied of thing s which Allah and your Prophet have specified for you (and do not deal with Zakat)! They said we got satisfied.4

It is well understood from this Hadith that Bani Hashim had known this matter as a deprivation forthemselves and the Prophet (S) promised them the intercession in change.

We read a Hadith in “Sahih of Muslim” which is one of most famous books of Ahlul Sunnah that briefly says “Abbas” and “Rabi’a ibn Harith” came to Prophet (S) and asked him that their sons who were two young persons called “Abdul Muttalib ibn Rabi’a” and “Fazl ibn Abbas” to be the collectors of Zakat and take a share like others in order to provide the costs of their marriages, Prophet (S) denied that and ordered that their means of marriage to be provided from another way and Mahr to be paid from Khums.5

It is also understood from thisHadith which is too long with details that Prophet (S) insisted that prevent their relatives from achieving Zakat (public assets).

It cleared from thethings which we said that Khums is not only considered as an advantage for Sadat, but it is a kind of deprivation in order to save public benefits.

Notes

1. The proofs of this matter that Bani Hashim dynasty have been prevented from taking Zakat are lots of cabbalas which have been quoted in Shiites’ and Sonnies’ books, and these cabbalas are so much that no place for any kind of doubt will remain, and denying these cabbalas is equal to denying self evidence matters; for information about these cabbalas in Shiite resources you can refer to the book Wasael Al-Shi’aa, vol. 6, chapter 29 from chapters of “people who deserve Zakat”, first, second, third and fourth Hadith.

And Also chapter 30, first Hadith; chapter 31, third Hadith; chapter 32, third, fifth, sixth, seventh and ninth Hadith; chapter 33, first Hadith and chapter 34, fourth Hadith.

And for more information about Ahadith of this issue in Sunni resources, you can refer to the book “Sunan of Beihaghi”, vol. 7; the book “Al-Sadaqat”, page 29, chapter “آل محمّد لایعطون من الصّدقات المفروضات ” and page 30, chapter “بیان آل محمّد الّذین تحرّم علیهم الصّدقة المفروضة ”.

And Also to the book “Majma’ Al-Zawa’ed”, vol. 2, page 89, chapter “الصّدقة لرسول اللّه و لآله ” and the book “Makateeb Al-Rasool”, pages 216, 224, 230 and 432.

And to the book “Musannaf” by Abdul Razzaq, vol.4, page 50, chapter “لا تحلّ الصّدقة لآل محمّد ” which there is lots of cabbalas quoted about this matter.

And also to the book “Al-Mughani” by Ibn Qudama, p r i n ted in Beirut, vol. 2, page 519, and the book “Sunan of ibn Dawood”, p r i n ted in Beirut, vol. 2, page 45 and other books.

2. Wasael Al-Shi’aa, chapter 3 from chapters of share of Khums, Hadith 1 and 2.

3. It is considerable that in some of Islamic cabbalas like Hadith 2, chapter 29 from chapter of “people who deserve Zakat”, vol. 6 of the book “Wasael Al-Shi’aa”, Zakat has been expressed as “Awsakh” (dirt of people’s hands), and the purpose of this expression is to encourage Bani Hashim to this deprivation that they have and in another side, show people that they should provide their needs with their own efforts as much as they can and they should not impose themselves to Bayt Al-Mal, and only people who have crushed under the pressure of life can be provided in this way.

4. Wasael Al-Shi’aa, vol. 6, page 186.

5. Sahih of Muslim, vol. 2, page 752.

www.alhassanain.org/english

Has Khums BeenForgiven during the Absence of Imam Zaman (a.s.)?

They ask: “Hasn’t Khums been forgiven during the absence of Imam Zaman (a.s .) from his holiness to Shiites and still have people the duty to pay Khums to Bayt Al-Mal in order to spend in necessary ways of consumption? While several cabbalas say that: “Imams of Ahlul Bayt has forgiven Khums”. Therefore if we accept that Khums is obligatory on all kinds of income, then we should also accept that Khums is forgiven during the absence time!

***

The answer to this question is available almost in all of Fiqh books and those who assume that this question is a new question or they are the only persons who have seen the Ahadith of Tahlil (to make Halaal) are hardly mistaking.

A glimpse to Fiqh books especially the bookswhich recent Faqihs have wrote shows that this matter had been completely in the area of attention of Faqihs and they had answered to that.

We consider it necessary to explain this issue completely for respected readers in order to give more description.

Cabbalas which have caused this hallucination consist in five groups:

First, are cabbalas which have been said about the spoils of war and captives of war and women who were among slaves and had been taken as servants by people and those people married them and had children with those women.

We know that if Jihad had not been performed by the permission of Imam, then all of spoils which are taken are for Bayt Al-Mal and should be spent by the permission of Imam and if jihad had been performed by the permission of Imam then Khums applies on them and in case of not paying the Khums, using them is Haraam.

Therefore, female servants who had taken by people as spoils and their Khums had not been paid were Haraam to their owners and theydidn’t have the right to treat those women as their wives.

Therefore, if you notice this ruling then understand that children who are born from these women are illegitimate, therefore Imams of Ahlul Bayt have forgiven this part of Khums which is related to those women in order that their children born legitimately.1

According to this short preface, we mentionthis group of cabbalas in continue :

1- We read in cabbala of “Zurays Kunasi” that Imam Sadiq (a.s .) said: “Do you know that from where adultery entered among (some of) people?I said no. He said: From the Khums of us Ahlul Bayt, except our pure Shiites which is Halaal for them and also it is Halaal for their birth”.2

2- Muhammad ibn Muslim quotes from Imam Baqir (a.s.) or Imam Sadiq (a.s.) that he said: “The most severe thing which people are involved with in the day of judgment is that the owner of Khums stands and says My God! (Usurped) My Khums but we made it Halaal for our Shiites in order that their birth to be pure and their children born pure.3

3- Fazil (Ibn Yassar) quoted from Imam Sadiq (a.s .) that he said: “A person who feel our love in his hearth thanks Allah for his first gift.I said: What is the first gift of Allah your holiness? Hesaid: It is the purity of birth (and sperm).

Then he said: Amir Al-Mu’mineen (a.s .) told Fatima (a.s.) that make your share from spoils Halaal for the fathers of our Shiites in order to make them pure.

Then Imam Sadiq (a.s.) said: We made mothers of our Shiites Halaal for their fathers in order that they become pure (and their children to be Halaal children)”.4 And Also Ahadith 15, 16, 18 and 20 from chapter 4 of chapters of Anfal and Hadith 8 from chapter 8 of chapters “What Khums is obligatory in it”.

These eight Ahadith has been expressed clearly about the issue of female servants and we know that according to affirmation of Faqihs they are excluded from Khums but obstinate and less-literate people have wanted to make them as a prove for Tahlil (to make Halaal) of Khums in absolute way without noticing to content of them and noticing to explicit Fatwas of Faqihs, unaware that with a little attention to the content of these Ahadith their lie will be revealed.

***

Second, are Ahadith which proves the Tahlil of Khums in specific and certain time, because as we said before Prophet (S) and Imams (a.s.) as the governor of Islamic government had the right to forgive this Islamic tax in special conditions according to benefits of Muslims.

As it had necessitated to add some extraordinary taxes temporarily and limited in hard conditions, also this is one of the authorities of Islamic government to dispense with that temporarily according to the conditions of Muslims.

We mentioned some examples of these Ahadith in continue:

1- “Younos ibn Ya’qoob” quotes that I was with Imam Sadiq (a.s.) that a man entered and said your holiness, there are assets and benefits and merchandises that we gain and we know that you right is in them and we are guilty about this matter; Imam (a.s.) said: If we order you to pay these rights today this is unfair (it means that we forgive them to you because of strong pressure from government or living which is on you).5

2- Hakim (Ibn Eisa) quotes from Imam Sadiq (a.s .) that I asked what is the meaning of the verse “و اعلموا انما غنمتم ”? He answered: “Any benefit whicha human gains day by day; but my father forgave Shiites in order them to be pure”.

All of these Ahadithare related to exemption of a group of Muslims who were in special conditions from this Islamic tax plan and it is not the proof of general exemption at all.

The clear proof and strong evidence about this matter is that some of other Imams (a.s.) or Imam Baqir (a.s.) and Imam Sadiq (a.s.) had charged Shiites to pay that and take this Islamic tax from them seriously in conditions that they were capable of paying, and we mention some examples in continue:

1- “Muhammad ibn Zayd Tabari” quotes that one of merchants from Fars who were one of friends of Imam “Ali ibn Mousa Al-Reza (a.s.)” wrote a letter to his holiness and askedfor the Tahlil (to make Halaal) of Khums, his holiness wrote him:

“In the name of Allah the compassionate the merciful, Allah is most granter and generous, he had made a prize for any good act and deprivation of prize for abstaining from good acts; there is no Halaal (free and permitted to use) asset unless Allah has made it Halaal (know that) Khums helps us to organize religious tasks and also tasks about our family and our Shiites, and we save our honor by that against tyrants.

Therefore, do not ignore paying of Khums …

Muslim is a person who is loyal to the divine oath and pledge, not in the way his tongue says that and his hearts denies”.6

2- And also the same person quotes that a group came to Imam “Ali ibn Mousa Al-Reza (a.s.)” from Khorasan and asked him to exempt them of paying Khums, Imam said: “I do not permit such a thing, you express your kindness to me by your words, but you withhold the right which Allah has legislated for us and has made us its servants from us, I do not exempt any of you, do not exempt, do not exemp”.7

3- Abu Basir quotes from Imam Baqir (a.s .) that I heard that his holiness was saying: “Anyone who buy something from Khums, Allah will not forgive him because he has bought a thing which is not Halaal for him”.8

Moreover, cabbalas 8, 9 and 10 of this chapterand also cabbalas 1, 2, 3, 4, 5, and 6 of chapter eight from chapters of “What Khums is obligatory in it” say that some of Imams (a.s.) not only didn’t permit the Tahlil of Khums, but also took that seriously for spending in necessary cases.

Itis understood well from these cabbalas that the matter is not permanent and forever, but it is exclusive to specific conditions like some of tax exemptions.

***

Third, has been about a specific person, which means that a specific person had came to Imam (a.s .) and Imam exempt him from paying Khums by considering his conditions.

Example of this matter is Hadith 13 of chapter 1 from chapters ofAnfal9 which shows that a person called “Hakam ibn Oliya Asadi” came to Imam Baqir (a.s.) while he had brought the Khums of his assets, his holiness took that Khums and then forgive it to him.

Because the conditions of this person were in the form that because of need or encourage or any other purpose, it was best thing to do to exempt him from paying Khums.

And the sentence that Imam said “I make this Halaal for you” is a proof for the fact that this order had not been a general ruling, unless this expression doesn’t make any sense.

***

Fourth, are cabbalas which theirs contents are about Tahlil but it clears by noticing that the meaning of them is not Khums, but it is “Anfal” (Spoils and also public resources)

Like cabbala 12 of chapter 4 from chapters ofAnfal which the late owner of Wasael has mentioned that with other cabbalas of Tahlil in one chapter, but it is understood well from below of the cabbala that it is related to Anfal lands (public resources).

Therefore, all emphasize of this cabbala is on the issue of lands and fields.

And also seventeenth cabbala of this chapter.

***

Fifth, arecabbalas which are not exclusive to specific time or person, and their features are absolute Tahlil, that are only three cabbalas which we study in continue.

First is the cabbala that “Salim ibn Mukram” (Abu Khadija) quotes from Imam Sadiq (a.s.) that I was there when someone came to Imam (a.s.) and said I want you to permit me for sexual intercourse with women, Imam was frightened by his words; a person from attendance said he does not mean to rape people, but he means that he wants to buy a female servant (from spoils and assets which their Khums has not been paid) or a women to marry him, or a heritage which he receives, or the income of business or the thing that someone gives him as a gift; Imam (a.s.) said these are all Halaal for all of our Shiites, consisting those who are present here or absent, those who are dead or alive, or those who will be born until the end of days, these are Halaal for everyone.10

Although nothing has been mentioned explicitly about the Khums in text of Hadith, but thething which Imam (a.s.) has made Halaal for everyone consisting of merchandise and spoils of war and gifts should be an asset which Khums has been implied on it.

But we should note that first of all, the document of this Hadith is weak because Salim ibn Mukram who his another name is Abu Khadija is the subject of lots of discussions among scholars of Rijal science; some persons considered him reliable and some others considered him very weak, and some scholars has stop discussing about him and expressed no comment, and accordingly cabbalas which he had quoted alone are not acceptable.

Secondly, if we pay little attention to the question which has been asked from Imam, it clears that whole discussion in cabbala is about female servants whom Khums had been implied on them or women who their Mahr (marital gift) had been paid from assets which their Khums had not been paid, or a female servant or a women who has been given to a person with gifts and heritages which Khums had implied on them.

Briefly, content of Hadith is completely about women and wives who are given to a Muslim, and either their Mahr or they themselves have been one of cases of implication of Khums and the answer of Imam (a.s.) is also exclusive to this part, unless this does not any sense that a person asks about women and another person from attendance generalize his words to everything.

Therefore the last thing which is understood from this Hadith is that any right which belongs to the Khums of Mahr of women and spouses has been made Halaal by Imam (a.s.) for anytime and anyone of Shiites in order for “purity of birth” which means legitimacy of children, and as we said before this is the matter which our Faqihs had expressed in Fiqh books as an exception, but it could not be the proof of forgiveness of Khums forever, but forgiveness is exclusive to the issue of wife and female servant.

Also we know that according to cabbalas of chapter of “Mahr” (marital gift) if a person has decided not to pay the Mahr of a woman or pay it from a Haraam asset, he is considered as adulterer.11

Although some Faqihs understood Tahrim (being Haraam) and some others Karahat (being disliked) from this kind of Ahadith, but anyhow it shows that paying Mahr from asset which is not completely owned by a person is not without influence on the condition of child and accordingly this part of Khums has been forgiven in order for purity of children.

There it is not possible to prove a thing with thiscabbala which has neither enough implication nor reliable document.

Second one is a Hadith that “Ma’aaz ibn Kathir” quotes from Imam Sadiq (a.s.) that he said: “There is lots of opportunities for our Shiites in order to spend their wealth in charity in the way of Allah, but when our Qa’im (he who arises) arises, any treasure which anyone has saved will become Haraam for him, in order to give that treasure to him and use it for achieving to his goals”.

But as it clears by an accurate look, nothing has been mentioned about the issue of Khums in this Hadith, but it points to the fact that capitalists and rich people of the nation can save wealth and also spend in charity in the way of Allah until the day that Mahdi (a.s.) arises, then in that day they should give all of their savings to him in order to use them for advancement and expansion of justice of earth.

The best reason for the fact that Hadith has no relation with Khums is that he says they should give all of their savings to Mahdi not only its Khums (one fifth), because if the purpose of Hadith was the issue of Khums he should say give its Khums to him.

Also we should note that there is “Muhammad ibn Sinan” among tellers of this Hadith whom his condition is not clear for the scholars of Rijal science and they have arguments about him.

Third one is a Mursala Hadith which has been quoted in “Interpretation of Ayyashi” from Imam Sadiq (a.s.) that he said: “The most difficult thing which people are involved with in the day of judgment is that the owner of Khums stands and say My God! My Khums (has not been paid), but our Shiites are exempted from this matter”.

It is obvious without saying anything that, this Hadith is Mursala and an unknown person has quoted that from Imam Sadiq (a.s .) and it is impossible to refer to it according to the Hadith science and this is an expression which all scholars of Rijal have accepted.

***

We conclude from all that we said, that there is no acceptable proof for Tahlil of Khums in an absolute way available, and those who claim like this in fact had not studied these cabbalas enough, unless it is clear according to above assortment that there is no cabbala available which its content shows the exemption of all people from Khums.

Albeit if we see cabbalas by an elementary view, maybe this hallucination occurs, but as we saw it clear by studying and analyzing and correct assorting of cabbalas that hallucination of absolute Tahlil is not correct and Khums is still available as an Islamic order.

And all people have to perform that like other duties.

Notes

1. It has been completely discussed about slavery in Islam and why Islam has allowed such a thing about the captives of wars and the plan of Islam for making slaves free and preventing humans to be trade in the book “Islam and freedom of slaves”.

2. Wasael Al-Shi’aa, vol. 6, Hadith 3 from chapter 4 of chapters of Anfal.

3. Hadith 5, from chapter 4 of chapters of Anfal.

4. Hadith 10, from chapter 4 of chapters of Anfal.

5. Hadith 6, from chapter 4 of chapter of Anfal.

6. Wasael Al-Shi’aa, vol. 6, chapter 3 from chapters of Anfal, Hadith 2.

7. Wasael Al-Shi’aa, vol. 6, chapter 3, Hadith 3.

8. Wasael Al-Shi’aa, vol. 6, chapter 3, Hadith 5.

9. Wasael Al-Shi’aa, vol. 6.

10. Wasael Al-Shi’aa, vol. 6, chapter four of Anfal, Hadith 4.

11. Refer to Wasael Al-Shi"aa, vol. 15, pages 21 & 22 & 23 (chapter 11 from chapters of Mahrs).

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

For answering this question we should say that if purpose of beginning of Islam is the time of Imams (a.s.), then the answer is positive, because as it is understood from previous discussions most of leader Imams (a.s.) not only took the Khums of all kinds of income in their time, but their ordered people emphasizing on paying this Khums, and even they had chosen special deputies and agents for collecting this Khums and people like “Ali ibn Mahzyar” and “Abu Ali ibn Rashid” and like them had this duty.1

And if the purpose of beginning of Islam is specifically the time of Prophet (S) and Amir Al-Mu’mineen (a.s.), then we should say that Khums had been taken in their time from spoils of war and also mines and treasures and diving (gems which gains by diving from the sea) and the proof of this matter has been quoted in Sunan of Beihaghi that in time of Ali (a.s.) a person found a treasure and came to Imam, Imam (a.s.) said: Four fifth of that asset is yours and one fifth (Khums) of that asset is mine.2

And also another matter like this has been quoted in the same book in another Hadith.3

And also in that same book which is one famous resources of Ahlul Sunnah has been quoted that he said: there is Khums in “Rekaz”; people asked that what is Rekaz? He said: Gold andsilver which Allah has created from the day of beginning in the earth.4

Also, a detailed Hadith about this matter has been quoted in Wasael Al-Shi’aa from the time of Ali (a.s.) that a person found a “Rekaz” (mine of treasure) in the time of Ali (a.s.) and when his holiness informed about that he told that man: Bring its Khums and hand it over.5

We had some Ahadith in previous discussions that showed Prophet (S) ordered continuously that there is Khums in Soyoob and people should pay its Khums and as we said before “Soyoob” pronounced as “Oyoob” is plural form of “Sayb” pronounced as “Ghayb” in the meaning of mines and treasures and some persons said that it can also consists of any kind of gift and bestowal and by the way we conclude that order of Khums in other than soils of war had been issued in the time of prophet (S) and Prophet had ordered people to give that in his letters.6

But this question remained that if Khums had been taken from all kinds of income in the time of Prophet (S) and Ali (a.s.) or not?

We say in answer to this question that we do not have clear historical evidences about this matter that Khums of all incomes had been taken in the time of Prophet (S) and Ali (a.s .), but this matter makes no problem about this ruling.

Because as we said before, taking and forgiving of this Islamic tax is one of authorities of Islamic government, when government find itself needless or people in trouble it can forgive that but when government has needs and sees the ability of paying in people it can take that, like later Imams who some of them had took Khums and some others had forgave that according to the conditions of people or Bayt Al-Mal.

In the time of Prophet (S) and Ali (a.s.) lots of spoils from battles and also great income from Kharaj lands which their rents had been paid to Bayt Al-Mal had gained by Islamic government; amount of these spoils some times were so much that their Khums could easily solve most of financial problems of Islamic government.

And also sometimes income from Kharaj lands were so much that Bayt Al-Mal had been overflowed by assets and in these conditions there were no need for taking Khums of all incomes and therefore they had forgave it to people practically.

At the beginning of Islam when the need of Bayt Al-Mal was so much to resources of income, conditions of Muslims were so unsettled and weak that paying Khums after Zakat was cumbersome for them, and accordingly Khumshad not been taken .

But in the time of other Imams (a.s.) when the Khums of spoils of war and also income of Kharaj lands had been taken by usurper caliphs and Imams had not them, and also people had the ability of paying the Khums of all of their incomes, Imams had taken Khums from them.

Briefly, not taking Khums in the time of Prophet (S) and Ali (a.s .) from all kinds of income is not he reason for nonexistence of this ruling in the program of rulings of Islam.

Mentioning this point is also necessary that it is understood from some letters of Prophet (S) which we quoted before that he had taken Khums from “Anfal” (dead land, pasturages and streams).

And we read in the book “Kanz Al-Ummal7 ” which if one famous resources of Ahlul Sunnah that he said:

ان لکم بطول الارض و سهولها و تلاع الاودیة و ظهورها على ان ترعوا نباتها و تشربوا مائها على ان تؤدّوا الخمس

Notes

1. Refer to Ahadith of chapter eight from chapters of “What Khums is obligatory in it”, vol. 6 of Wasael Al-Shi’aa.

2. Sunan of Beihaghi, vol. 4, page 156.

3. Sunan of Beihaghi, vol. 4, page 157.

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

5. Wasael Al-Shi’aa, vol. 6, the book of Khums, chapter six, Hadith 1.

6. Refer to the book “Makateeb Al-Rasool”, pages 397 & 405 and also “Usd Al-Ghaba”, section 3, page 38.

7. Kanz Al-Ummal, vol. 7, page 65; and in the book “Makateeb Al-Rasool”, page 365, it has been quoted from other resources.

Is allocating Khums for Sadat Discrimination?

Some people assume that this Islamic tax which consists twenty percent of lots of assets and half of it has been allocated for Sadat (pl. of Sayyid) and children of Prophet (S) is considered as a kind of racial superiority, and it is possible to see partiality for relatives and discrimination in that, and this matter is not compatible with the soul of social justice of Islam and universality and generality of that!

Answer:

Surely, people who think this way had not studied the conditions and characteristics of this Islamic ruling completely, because the complete answer to this questionis hidden in these conditions; the explanation of this expression is that:

First of all, half of Khums which is for Sadat of Bani Hashim should be given exclusively to their poor persons, and only as much as they need for one year to live and nothing more than that; therefore only persons who are either superannuated or ill, and orphan children or any other person who has reached a dead end in costs of living in any way.

Therefore, persons who are able to work and potentially or practically can gain an income which cover their costs of living, never can use this part of Khums, and the sentence which is famous among people that: “Sadat take Khums even the chute of their house has been made by from gold!” is nothing more than common talk and has no fundamentals at all.

Secondly, poor and needy persons of Bani Hashim do not have the right to spend anything from “Zakat” and inchange they should only use this part of Khums.1

Thirdly, if the share ofSadat which is half of Khums is more than their need, then that amount should be paid to Bayt Al-Mal, as if their need is more than their share from Khums, inevitably they should be paid from Bayt Al-Mal or the share of “Zakat”.2

According to these triple reasons, it clears that in fact no differencehad been made between Sadat and other than Sadat in financial matters.

Needy and poor persons of Sadat can cover their costs of living for one year from Zakat but theyare deprived from Khums and poor people who are not from Sadat can use Khums, but they do not have the right to use Zakat.

In fact, two sources are available here, source of Khums and source of Zakat, and each of these two groups can only use one of these two resources in equalamount which is the costs of living for one year.

But persons who did not pay attention to these characteristics and conditions assume that more share has been placed for Sadat from Bayt Al-Mal.

The only question that remains is that if there is no difference in result between these two sources then what benefit can this program have?

The answer to this question can also be understood by noticing a matter, and the matter is that there is an important difference between Khums and Zakat and the difference is that Zakat is one of taxes which in fact considers as public assets of Islamic society, therefore its usages should be in this same part, but Khums is one of taxes which is related to Islamic government; it means that costs of Islamic government and its governor should be provided from this source.

Therefore, deprivation of Sadat from public assets (Zakat) in fact is for preventing the relatives of Prophet (S) from this part, in order not to give anybody any excuse that Prophet (S) has dominated his relatives on public assets.

But needy and poor persons of Sadat should also be provided; this matter has been foreseen in Islamic laws in the way that they use the budget of Islamic government not the public budget.

Therefore, not only Khums is a superiority or advantage for Sadat, but it is a kind of putting them aside for public benefits in order that no misdeem can be made.3

In other hand, these cabbalas prove this fact that “Zakat” is not a considerable income which anyone tries to gain that and people use that for gaining blessings, but these are dirty assets because a person had not worked for that and pure and clean assets are those which human works and endeavors for gaining them.

And the main goal is that Zakat reaches people who really deserve it not the ones who are lazy and idle and do not want to work for their living, albeit this is salubrious and completely without obstacle for people who really deserve Zakat and seemingly this expression (Awsakh) is taken from the holy verse (verse 130 of Tawba Sura) “خذ من اموالهم صدقة تطهّرهم ” because this verse say that paying Zakat is the cause of purity and we know that in order to pure a thing we should always remove its dirt from it.

It is interesting that this matter has been mentioned it Ahadith of Shi’aa and Ahlul Sunnah; we read in a Hadith from Imam Sadiq (a.s.) that a group of people from Bani Hashim came to Prophet (S) and asked his holiness to launch them in the duty of collection Zakat of four-footed animals and they said we deserve more for this share which Allah has specified for collectors of Zakat; Prophet (S) said: Bani Abdul Muttalib! Zakat is not Halaal (permitted) neither forme nor you, but I promise my intercession in change of this deprivation … you should be satisfied of thing s which Allah and your Prophet have specified for you (and do not deal with Zakat)! They said we got satisfied.4

It is well understood from this Hadith that Bani Hashim had known this matter as a deprivation forthemselves and the Prophet (S) promised them the intercession in change.

We read a Hadith in “Sahih of Muslim” which is one of most famous books of Ahlul Sunnah that briefly says “Abbas” and “Rabi’a ibn Harith” came to Prophet (S) and asked him that their sons who were two young persons called “Abdul Muttalib ibn Rabi’a” and “Fazl ibn Abbas” to be the collectors of Zakat and take a share like others in order to provide the costs of their marriages, Prophet (S) denied that and ordered that their means of marriage to be provided from another way and Mahr to be paid from Khums.5

It is also understood from thisHadith which is too long with details that Prophet (S) insisted that prevent their relatives from achieving Zakat (public assets).

It cleared from thethings which we said that Khums is not only considered as an advantage for Sadat, but it is a kind of deprivation in order to save public benefits.

Notes

1. The proofs of this matter that Bani Hashim dynasty have been prevented from taking Zakat are lots of cabbalas which have been quoted in Shiites’ and Sonnies’ books, and these cabbalas are so much that no place for any kind of doubt will remain, and denying these cabbalas is equal to denying self evidence matters; for information about these cabbalas in Shiite resources you can refer to the book Wasael Al-Shi’aa, vol. 6, chapter 29 from chapters of “people who deserve Zakat”, first, second, third and fourth Hadith.

And Also chapter 30, first Hadith; chapter 31, third Hadith; chapter 32, third, fifth, sixth, seventh and ninth Hadith; chapter 33, first Hadith and chapter 34, fourth Hadith.

And for more information about Ahadith of this issue in Sunni resources, you can refer to the book “Sunan of Beihaghi”, vol. 7; the book “Al-Sadaqat”, page 29, chapter “آل محمّد لایعطون من الصّدقات المفروضات ” and page 30, chapter “بیان آل محمّد الّذین تحرّم علیهم الصّدقة المفروضة ”.

And Also to the book “Majma’ Al-Zawa’ed”, vol. 2, page 89, chapter “الصّدقة لرسول اللّه و لآله ” and the book “Makateeb Al-Rasool”, pages 216, 224, 230 and 432.

And to the book “Musannaf” by Abdul Razzaq, vol.4, page 50, chapter “لا تحلّ الصّدقة لآل محمّد ” which there is lots of cabbalas quoted about this matter.

And also to the book “Al-Mughani” by Ibn Qudama, p r i n ted in Beirut, vol. 2, page 519, and the book “Sunan of ibn Dawood”, p r i n ted in Beirut, vol. 2, page 45 and other books.

2. Wasael Al-Shi’aa, chapter 3 from chapters of share of Khums, Hadith 1 and 2.

3. It is considerable that in some of Islamic cabbalas like Hadith 2, chapter 29 from chapter of “people who deserve Zakat”, vol. 6 of the book “Wasael Al-Shi’aa”, Zakat has been expressed as “Awsakh” (dirt of people’s hands), and the purpose of this expression is to encourage Bani Hashim to this deprivation that they have and in another side, show people that they should provide their needs with their own efforts as much as they can and they should not impose themselves to Bayt Al-Mal, and only people who have crushed under the pressure of life can be provided in this way.

4. Wasael Al-Shi’aa, vol. 6, page 186.

5. Sahih of Muslim, vol. 2, page 752.

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