Chapter Three
The Legitimate Wealth mixed
with Illegitimage Wealth
A. DEFINITIONS
It is wajib to pay khums from a wealth which is mixed with some illegitimate wealth.
By "illegitimate" we mean anything that has been acquired by the means not permitted in the
shar'ah, for example, usury, gambling or liquor business.
By "mixed" we mean that the owner is unable to distinguish the amount or the items which have come to his possession by lawful and legitimate means from those which he has acquired by unlawful means.
B. POSSIBILITIES
In such a situation, there are the following possibilities :
1. a person who cannot distinguish the amount, the item and the owner of the wealth acquired by 'unlawful means from the legitimate wealth. In such a case, the only way to make his existing properties lawful is to pay khums from the entire wealth.
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2. a person who knows the amount or the item possessed by unlawful means but does not the owner or owners—then he must give that amount or item to the needy as charity
( sadaqah ) on behalf of the unknown owner. However, before giving that amount or item as >
sadaqah, it is precautionarily wajib to ask the permission of the
mujtahid.
3. If the person knows the rightful owner but does not know the amount of the unlawfully acquired wealth, then he must come to a compromise with the owner.
4. If the person knows the amount and also the 'owner, then it is wajib for him to return the unlawfully obtained property to its rightful owner.
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Chapter Four
The Distribution of Khums
A. THE TWO SHARES OF KHUMS
According to the verse of khums, this Islamic tax is for (1) Allah, (2) the Messenger of Allah, (3) the near relative of the Messenger, (4) the orphans, (5) needy, and (6) stranded traveller.
The first two shares are clear : they belong to Allah and Prophet Muhammad respectively. The third share, that of "the near relative" belongs to the infallible Imam of the time. The latter three shares belong to those of the Hashimite family who are orphan, needy and stranded traveller.
Obviously, Allah does not come in person to take His share of khums; therefore the Prophet, as Allah's representative on this earth, used to receive both his own share of khums and that of Allah.
What is to be done with the Prophet's share after his death? The Sunni scholars are in great disagreement with each other on this issue. For example, some say that the 'Prophet's share (which obviously included the share of Allah) goes to the caliph who may use it as he pleases; others say it goes to the Prophet's relatives ( the Hashimites ); and still others say that it should go to the Muslims in general.
1
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1 Ibn Rushd, Bidayatu l-Mujtahid, vol. 1 ( Cairo: al-Maktabatu t-Tijariyyatu l-Kubra, 1952 ) pp.13-14; 377-378.
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According to the Shi`ah view, after the Prophet's death, the shares of Allah and the Prophet belong to his rightful successor. And the present rightful successor of the Prophet is Imam Muhammad al-Mahdi (upon whom be peace).
Since the Present Imam, besides owning his own share as " the near relative," is also the rightful owner of Allah's and the Prophet's shares of khums,
the first half of khums is commonly known as "sihmu
'lImam —the share of the Imam".
The second half of khums is for the orphan, the needy and the stranded traveller from the Prophet's family, that is, the Hashimi or, in its Latin form, the Hashimite. A Hashimite is the one who, from his father's line, is a descendent of Hashim, the great grandfather of the Prophet.
However, the Hashimites who descend from Fatima, the daughter of the Prophet, have preference over other Hashimites. Since the descendents of Fatima are commonly known as
"sayyid, pl.
sâclät," the second half of khums is known as "sihmu
'ssädät —the share of the sayyids". (In non-Shi'ah parts of the Arab world, the sayyids are commonly known as
"sharif, pl.
ashraf").
Thus we divide the khums into two equal shares: 1. the share of the Present Imam; 2. the share of the sadat ( the sayyids ).
The recipients of the
sihmu chit change all the time: an 'orphan' ceases to be legally an orphan as soon as he becomes an adult; a `needy' ceases to be a needy as soon he becomes financially independent; and an 'stranded traveller' ceases to be an stranded traveller as soon as he reaches home.
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But the recipient of the
sihmu 'lImam, that is Imam Muhammad alMandi (upon whom be peace), will never cease to be the Prophet's 'near relative' and his rightful successor. Therefore, his right is perpetual and will never end.
B. THE SIHMU 'L-IMAM
1. Where should the Sihmu 'l-Imam Go?
(a) During the Presence of the Imam :
The first half of khums is the share of the Imam. During the presence of the Imams, the sihmu Imam as well as the sihmusadat was given to them directly or to their specially appointed agents. The 'Imam, as the head of the sadat, was also responsible for distribution of sihmu s-sadat among the sadat.
The Imams, since Imam Ja` far asSkliq's days, had also initiated the system of wikalah (deputyship) whose function, among other things, was to collect the khums and bring it to the Imam or distribute it according to his instructions. For example, a letter of Imam Muhammad atTaqi (a.s.) about the financial 'obligations of Shi`ahs, says : "...As for the gains and profits, it is obligatory on them [to pay khums] every year...Therefore, whosoever has anything of those [items on which khums is applicable], then he should bring it to my wakil; and the person who lives far away should try his best to bring it to my wakil even if it takes some time ..."1
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1. Al-'Amili, Wasa'ilu sh-Shi'ah, vol. 6, p. 348-349
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Did the Imams release the Shi `ahs from the obligation of khums at any time? The Imams never suspended the obligation of khums as an annual financial tax. However, there are individual cases where the Imam had exempted certain persons from the khum because of the tough economic circumstances of the time. But such exemption were for individuals and limited in time.
The fact that khums as an annual tax on the Shi` ahs in general was wajib at all times can be seen from the followings: Once a Shi`ah from Persia wrote to Imam 'Ali arRiza ( a.s. ) asking to be exempted from paying khums. The Imam did not approve his request and wrote: " ...And the khums is a 'help to us in [promotion of] our religion, [upliftment of] our family, and our followers...Do not deprive 'yourselves of our prayers as long as you can because paying [the khums] is the key to sustenance, the 'forgiveness for your sins...Wassalam."1
Muhammad bin Ja`far al-Asadi wrote to Imam alMahdi (a.s.). Imam al-Mahdi (a.s.) answered, "As for what you have asked about the issue of a person using our property without our permission, then he should know that whosoever does so is cursed and [on the day of judgment] we will be his opponent ... And whosoever devours anything from our property [without permission], he is actually devouring fire and will surely reach the Hell."2
So khums was always wajib and collected by the Imams directly or through their wakils.
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1. Al- Amili, Wasa'il sh-shiah, vol 6, 374-376
2. Ibid, vol. 6 p. 377
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(b) During the Ghaybat 'of the Imam :
At the present time, our Imam, Muhammad al-Mahdi ( upon whom be him ), is in occultation; and he has not even appointed anyone as his special agent. So what should be done with his share of khums?
All 'ulama' of our time are unanimous in saying that during the period of occultation, the share of the Present Imam must be used for the causes with which the Imam would agree. They also believe that the best persons to know such causes are the mujtahids. Therefore, according to all our present `ulama, sihmu 'lImam must be handed over to the most learned and trustworthy mujtahid or be used in the way authorized by such a mujtahid. The condition of religious knowledge and trustworthiness are important to guarantee the right use of sihmu Imam
It is an individual's responsibility to transfer the sihmu '1Imam to the mujtahid. If it is given to the representative of the mujtahid, then the responsibility will shift from the khumspayer to the representative. ( For example, if the representative looses the money before it reached the mujtahid, then the khumspayer is no longer responsible for that. )
If a trustworthy person who is not a representative of the mujtahid agrees to take the sihmu '1Imam to the mujtahid, then, in case of being lost, the responsibility will not shift from the khumpayer to that person: either the messenger should make up the loss or the khumspayer has to pay again. In the latter case, the khumspayer may request the mujta hid to exempt him for that year.
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2. How is the Sihmu 'l-Imam Used?
The mujtahid spends the
sihmu 'lImam in the way which he thinks will be agreeable to the Present Imam Muhammad alMandi ( upon whom be peace ). The most important causes for which the
sihmu 'lImam is used presently are the following:
1. providing the necessary expenses of the poor and needy Shia Ithnd`Asharis; it may also be used by the mujtahid during natural disasters like earthquake, famine, war, etc;
2. propagating the religion of Islam to the believers as well as the non-believers;
3. providing the household and academic expenses of the
`ulama' ( the religious scholars ) who dedicate their life and efforts in teaching and preaching the religion of Islam to the people.
4. providing the expenditure of religious establishments, religious schools, teachers and students.
I would not be wrong in saying that most of the
sihmu 'lImam does not even reach to the mujtahids themselves, rather it is used, with their permission, in various parts of the SIT ah world. Many, if not most, religious and charitable works being done by the Shiahs in the West today are from
sihmu 'l-Imam. (However, whether it is known or acknowledged by the public and those who use it, is a different story!)
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As an example for item No. 4 above, allow me to mention the Hawza `Ilmiyya ( religious education center ) of Qum, Iran. In early 1980's there were at least fifteen thousand students and teachers in that Hawza. All are financed collectively by the leading
mujtahids of our time. Even if we count fifty dollars 'monthly scholarship for the fifteen thousand students and teachers, the total monthly budget comes to seven hundred and fifty thousand dollars. The revenue for this budget is khums
and various others charities and endowment funds.
3. Sihmu 'l-Imam's Role in the Financial
Independence of the Mujtahids :
The
sihmu 'l-Imam has also played an important role in the financial independence of our great
`ulainir. 'Unlike the Sunni
`ulania' whose appointment to the position of
mufti or
shaykhul Islam, and their livelihood depends on the ruler of the country, the Shriah
mujtahids do not have to rely on govern 'ments or other organizations for their position or their livelihood. This prevents any unwarranted influence in their
fatwas and decision making process. A look at the political
fatwas of our mujtahids during the last century will prove this point.
This is not to imply that the integrity of our mujtahids depends on khums; they have to preserve their independence and integrity even without khums. After all, the most important condition in a mujtahid is that he must be
'add, that is, pious and of upright character. If a person who has great knowledge in Islam but is not of upright character or is
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under the influence of a tyrant and unjust ruler, then he will not be accepted as the religious leader by the people.
Secondly, and more importantly, the amount and flow of khums has not always been the same; it depends on the overall economic well being of the Shriah community. When the community is in good 'economic condition, the khums revenue is generated satisfactorily; but if it is not in good economic condition, the khums flow is meager. Also remember that not all eligible Shriahs pay their khums : some out of ignorance and others out of negligence.
C. THE SIHMU 'S-SADAT
1. During the Prophet's Time :
The fact that the Prophet used to give the khums to his Hashimite relatives exclusively is beyond any doubt.
1 Even the decendents of Hashim's brothers ( `Abd ashShams and Nawfal ) were excluded from the khums.
Jubayr bin Mut'im ( a decendent of Nawfal ) and Uthman bin `Affan ( a decendent of `Abd ashShams ) were not given anything from the khums of Khaybar. Both came to the Prophet and complained, "0 the Messenger of Allah! You have given [the khums] to Bani al-Muttalib but left us out although
____________
1 AtTabari, Tafsir, vol. 13 ( Cairo: Daru 1-Ma'arif, 1958 ) p. 553556; Ahmad al-Jassãs, Ahkámu 7Qur'an, >vol. 3 ( Beirut: Daru 1Kitabi 1`Arabi, 1916a ) p. 61, 65; Abu Ubayd,A1Amweil, pp. 136138.
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we and they are equally related to you." The Prophet said, "The Bani al-Muttalib and Bani Hashim are one and the same."
1
2. After the Prophet's Death :
Although the Qur'anic injunction about the relatives of the Prophet is very clear and is also supported by the
sunnah of the Prophet, unfortunately, there arose a great difference of opinion among the Muslims after the Prophet's death. Obviously, the people in power did not want the Ahlu 'lbayt to get access to the khums. This policy of depriving the Ahlu 'l-bayt of their right has continued since with a short break during the reign of `Umar bin `Abdu 'l`Aziz who decided to give at least some of the khums to the Banu Hashim.
2
3. How is Sihmu 'S-Sadat Distributed?
In keeping with the Qur'anic injunction and the
sunnah of the Prophet, the Shi` ah law says that the second half of khums is the share of the Hashimites, preferably the sayyids who descend from Fatimah ( peace be upon her and her father ).
The
sihmu 's-sadat can be given to the following Shi'ah Ithna`Ashari sayyids :
• 1. those orphans who are poor;
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1 Bukhari, Sahihu 'IBukheiri, vol. 4, p. 240; vol. 5, 375. Also see at-Tabari, Tafsir, vol. 13, p. 556, al-Amwal, p.137.
2 At-Tabari, Tafsir, vol. 13, pp. 556-559; al-Hakim, Mustadrak, vol. 3, p. 442; For more refrences on this issue, see al-Amili, As-Sahih fi Sirah, vol. 3, pp. 318-321.
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• 2. those who are poor and needy;
• 3. an
ibnu 'ssabil, that is, a traveler who has no money to continue his journey back to his home, provided his journey is not for any unlawful purpose. Khums can be given to such a sayyid to continue his journey even if he is a wealthy person in his own town.
However, it is not permitted to give khums to a sayyid whom you know will spend any of it in a sinful act. It is also better not to give khums to a sayyid who publicly leads an immoral life like drinking alcohol, etc.
* * *
You can give the
sihmu 'ssrliit to a deserving sayyid directly without channeling it through the mujtahid. According to Ayatollah alKhil'i, you do not even need to ask for his permission in distribution of
sihmu 'ssticliit. Although Ayatollah al-Gulpaygani believes that even
sihmu 'ssädtit must be channeled through the mujtahid, he has given a general permission to all those who follow him to distribute
sihmu s-sadat directly.
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Chapter Five
Some Thoughts on Khums
A. KHUMS : A CHARITY OR DUTY?
In our evaluation, we judge a person by his deeds. This is so because we, as human beings, cannot know the motives of the doer. But does Allah judge the people in the same way? Allah will not judge the people by looking at their deeds; He will instead judge by looking at their motives. The Qur'an says,
"Verily Allah accepts ( the good deeds ) only from the pious people. "( 5:27 )
In the introduction, we mentioned there are two levels by which Islam aims to create and preserve the economic equilibrium in society: individual and collective. Under 'individual level,' we talked about charity which is a voluntary good deed. Under 'collective level,' we talked about the taxes which Islam has made obligatory upon the Muslims.
Khums and
zakat come under the second category and, therefore, it should never be looked upon as an act of charity. Rather, it is a duty, an obligation which must be fulfilled whether one likes it or not. In fulfilling this obligation, you must train yourself to pay
khums and
zakat with the intention of seeking the pleasure of Allah. It should be done
fi sabili
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We must emphasize that doing a deed is one thing but its acceptance or rejection by Allah is something else. The former does not guarantee the latter. It is the motive which will be crucial in acceptance or rejection of one's deed. To use
khums, whether on a personal or organizational levels, as a leverage to promote oneself is very detremental to the spirit of khums. I am especially concerned about the emphasis put on accrediting as 'donors' the persons or organizations who give khums for valid Islamic causes. They should take a moment to think whether the
sihmu 'lImam which they are giving is owned by themselves or Imam Mahdi ( upon whom be peace )? If it belongs to the latter, then why insist on getting credit for it as the donor? If any acknowledgement is to be made, should it not go to the Imam?
B. "DO OTHERS ALSO GIVE KHUMS?"
Another issue is that of pride, or I should say arrogance, in giving khums. There are some who give khums on a regular basis ( may Allah increase their numbers ), but have also become victim of
`ujb. `Ujb means a sense of selfrighteousness in which one looks down upon others. Such people think that they are the only ones who pay khums!
This happens because of ignorance about others.
`Ujb does not harm anyone but its own victim. Such a person will suffer from a wrong sense of pride and will lose the most important means of spiritual development known as self-criticism.
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One should be aware that every country or group of people goes through financial ups and downs. If, today, you are financially on a good footing and give khums, while others are on the receiving end—this does not mean that those who receive khums have been the same during all times in their history! The best case in our time is India : After the British colonization of that country, in particular after its 'independence, the Muslims of India have gone through a very difficult financial crisis. The Shi`ahs have suffered even more. Their present plight should not be taken as a sign that they have always been at the receiving end of charity. There was a time not long ago when the Shi'ahs of India (especially during the Shi`ite Oudh sultanate in North India) were the main financial supporters of the centers of learning in Iraq.
1 The Shi` ahs in the Oudh and even in the southern sultanates of preBritish India had contributed greatly to the growth of their faith and community in that part of the Muslim world.
Train yourself to give khums, zakät and charity 'without injuring the feelings of the recipients. Allah .says,
"0 you who believe! Do not nullify your charity by reproach and injury ( to the recipient ), like the person who spends his wealth to show it to the people ..." (2:264)
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1 See, Cole, J.R.I, " 'Indian Money' and the Shi`a Shrine Cities of Iraq, 1786-1850," 'Middle Eastern Studies, vol. 22 (1986) No. 4, pp. 461-480.
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C. `KHUMS DEPENDENCY SYNDROME'
I would also like to express my thought about the attitude which some of our religious organizations in Europe and North America have adopted to the issue of khums. The Shi` ahs in India, Pakistan and East Africa have built many religious centers in their countries. After migrating to the West, it is pleasing to note that they carried on the tradition and have built religious centers in their adopted homelands.
However, there is one important difference between the immigrant Muslim communities in the West and their ancestors in Asia and Africa. The latter built the centers mainly by the contributions made from their own money. Whereas the former have to large extent built their centers with the khums fund. I do not want to imply or suggest that the use of khums for such purposes is not right; but I am worried about the habitual dependency on khums by our organizations. I have named this mentality as "the khums dependency syndrome". Whenever we think of a worthwhile project, we immediately look at the
sihmu 'lImam as the first and the main source for financing that project. This is not to deny that often the local resources are not sufficient. But it 'seems to me (and I pray to Allah that I be wrong) that we are gradually forgetting how to give from the remaining 80% of our excess wealth towards worthwhile causes, and are getting into the habit of depending on khums!
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D. THOSE WHO DO NOT PAY THEIR DUES
AS SEEN BY IMAM 'ALI (A.S.)
Some Shi` ahs take the issue of paying khums lightly; they think that giving some money in charity from time to time absolves them of their duty. Such Shi`ahs apparently do not realize that not paying
khums, zaktit or
fitrah ( which are obligatory dues ) amounts to misappropriation of the money which rightfully belongs to the Imam ( peace be upon him ) and the needy, orphan and poor people.
To get the feeling of how Imam 'Ali ( peace be upon him ) looks upon the misappropriation of such funds, I would like to quote some parts of a letter 'which he wrote to one of his officers about the latter's misappropriation of the public fund. While reading the letter, keep the fact in your mind that the officer addressed in this letter was apparently a cousin of Imam 'Ali (a.s.). I would specially like to draw the attention of the respected
wakils of the mujtahids of 'our time to this letter.
Imam 'Ali bin Abi T'alib wrote :
"As soon as it was possible for you to misappropriate the
ummah's 'trust, you hastened to turn around and attack ( them ), and made a swift leap to snatch away whatever you could from their property meant 'for their widows and their orphans as a wolf snatches a wounded and helpless goat. Then, you happily 'loaded it off to Hijaz without feeling guilty for having misappropriated it ... It was as though you were sending to your family what you had inherited from your father and mother!
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"Glory be to Allah! Do you not believe in the Day of Judgment, or do you not fear the exaction of account? 0' you who were considered by us among the men possessed of mind, how can you enjoy food and drink when you know that you are eating the 'unlawful and drinking the unlawful. You are...marrying women with the money of the orphans, the 'poor, the believers and the
12.0pt;mujähidin to whom Allah has dedicated this money...Fear Allah and return to these people their properties. If you do not do so and Allah grants me power over you, I shall excuse myself before Allah and strike you with my sword with which I did not strike anyone but that he went to Hell.
"By Allah, even if Hasan and Husayn had done what you did there would have been no leniency with me for them and they could not have won their way with me till I had recovered from them the right and 'destroyed the wrong produced by their unjust action. I swear by Allah, the Lord of all beings, that I would 'not be pleased to regard the people's money which you have appropriated as lawful for me and to leave it to my successors by way of inheritance.
"Mind yourself and consider for a while as though you had reached the end of life and had been buried under the earth. Then your actions will be presented to you in the place where the oppressor cries 'Alas' while he who wasted his life yearns for return ( to the world ),
but time was none to escape.
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1 Razi, Nahju 'l-Balaghah, Letter No.41
