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I am looking for hadeeth regarding khums where we differ from Sunni perspective on what it is applicable on.

Q:

Salaam,

I am looking for hadeeth regarding khums where we differ from Sunni perspective on what it is applicable on.
For example reading Quran I am inclining to something like unexpected gain/ spoils of war /treasures.

I request evidence of its application on salaries and second gains as business owner.
Also as Khums is applied for syeds only if there is evidence for that. From Sunni sources it was also given to the fighters.
Verses of Quran does not specify the other 3 categories of poor in Anfal -41 as syeds so needed evidence. Alternatively if you could point me to someone.

Was Salaam,
Zoher

A:

Wa Alaikum al-salam

thanks for your question

Before we start in hadith and narrations regarding khums lets see the Quran: there is only 1 Aya in Quran about khums, 41 of al-Anfa’al:

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

Translation: “Know that whatever thing you may come by, a fifth of it is for Allah and the Apostle, for the relatives and the orphans, for the needy and the traveler, if you have faith in Allah and what We sent down to Our servant on the Day of Separation, the day when the two hosts met; and Allah has power over all things”

According to this translation applicable for whatever things that we gain, the controversial word in the translations between Shia and Sunni is “غنمتم” in which sunni translated it as “spoils of war” or “war booty” but Shia translates it as “you gained” or “come by”. The word “غنم” as a verb in dictionary means “obtain” ,”bestow” . So the meaning of “ما غنمتم” in this Aya is anything you obtained, as Ra’aghib, Tabarsi and other scholars mentioned and just as we see in other verses of Quran, like “فَعِنْدَ اللَّهِ مَغَانِمُ كَثِيرَةٌ” (Yet with Allah are plenteous gains) Nisa:94.

So even Quran is not saying that khums is applicable to just spoils of war.

Other than Quran there are many ahadith regarding khums (for example there is a whole chapter on khums in many hadith books of shia like al-kafi, mustadrak al-wasail etc.), like:

Abu ‘Ali ibn Rashid, one of the agents of Imam Jawad (a) and Imam Hadi (a), narrates:

I said to the Imam, “You have ordered me to take care of your affairs and take your right (the money that belongs to you). I told this to your followers, and some of them asked: ‘What is the right of the Imam?’ and I did not know what to say.” The Imam (a) replied, “Khums is obligatory on them.” “To what does it belong?” I asked. “In their goods and crafts,” he replied. I then asked, “What about people who do business and build something with their hands?” He replied, “Yes provided that if any savings remain after paying their living expenses.” (Wasa-’il al-Shi‘a, vol. 6, Ch. 8 of the chapters on khums, hadith no. 3.)

 

On second part of the question:

The Ayah says that khums must be used for 6 categories, 3 of them are Allah, prophet (sawa) and his relatives (Ahl al-bayt a.s) which is accepted by the sunni as well, the next categories (i.e orphans, needy and travelers) are a little controversial (in whether it is a general term, meaning any poor and orphans or specifically for Sadat).

In tafseer of this Aya In Tafseer Saafi there is a reference from Al kafi that Imam Ali (a.s.) said: ‘What Allah (s.w.t.) has meant by Dhil Qurba here are those that He (s.w.t.) has regard as near to Him (s.w.t.) and the Holy Prophet (s.a.w.) and so the orphans and the poor and the travelers are our orphans and our poor and our travelers. This is because he (s.w.t.) has kept no share for us in the charity (Zakat) and he has honored us and the Holy prophet (s.a.w.) by keeping away from eating people’s dirt and filth.

In Al Tahzeeb Imam Ja’far Al Sadiq (a.s.) has been reported to have said: ‘Allah (s.w.t.)’s Khums is the Imam’s right and the Holy Prophet (s.a.w.)’s Khums as well as the near ones’ khums’. The orphans, poor and travelers are the ones from the progeny of the Holy Prophet (s.a.w.). And so khums cannot reach anyone apart from these’.

 regards

Sheikh Mahdi Mosayyebi