The Book of Khums

Attention: open in a new window. PDFPrintE-mail



The fifth part is one of the important Islamic functions. It is imposed by Allah, The Most High, on His mankind's fortune by His saying. The Most High, "wa li'laamoo anna ma ghanimtum min shain faina LiAllah Khumsahu wa lithi al kurba welyatama wal mesakeen wa Ibn a sabeelin kuntum amintum biAllah wa ma anzlena ala abdina yum alfurkan yum eltaka algamean wa Allah ala kul shai'n kadeer" .

Allah made it a right on the Muslims. It is spent in two positions [situations], [important sites]:

The First:

The poor of Bani Hashem.

The Second:

It will be under the conduct [management] of the guardian of Muslims whether the infallible "Imam" or the legal jurisprudent who has the conditions in the time of his absence [ Ghaybah ].

 

The Fifth Part should be taken from seven things:

1- The spoils taken from the atheists [unbelievers] who have no obligation in the conditions of safe-keeping and guarantee of conscience and there is no truce between them and the Muslims.

2- The metals from mining and all different kinds, the obligation of taking the fifth part if its value is above twenty dinar [net] after deducting the sums that were spent on clearance and settlement, but on precaution the fifth part even if it was from one dinar.

1- The treasure hidden in the ground or the mountain or within the wall or the trees [where we call it a treasure]. There is no difference when the treasure is gold is, silver or other sorts. Also no difference if the treasure is in a country of Islam or not. The obligation of the fifth part is when the amount [the fixed limit] reaches 20 dinar.

2- The diving or dredging or fishing which means obtaining the mineral wealth or treasure from below water but excluding animals. The amount upon which Khums is considered is one dinar. It includes any means of gaining wealth from below water if the water is abundant and deep like the sea, big rivers, large lakes [natural and artificial] and deep wells.

5- The licit fortune which is mixed with illicit fortune, we should consider some matters of this sort:

a. The licit fortune should not be distinguished [differentiated] from the illicit fortune.

b. The owner of the illicit fortune should not be known [He should be unknown].

c. The right of the other person should be in the same fortune itself which is present and should not be debt [not on credit]:

d. The sum of the illicit fortune mixed with the licit fortune should not be known.

If these conditions were available, then the fifth part of the illicit sum should be taken and the remaining part will be licit to the owner.

6- The land which the non Muslim enjoys under Muslim protection in a Muslim country, bought from Muslims whether it is agricultural or not, on precaution, he ought to pay the fifth part also, if the land was transferred to the non-Muslim [Al-Dhimmi] not only by selling, but also if it was a gift or otherwise.

7- The surplus provisions [supply] for that year and what the owner gains from commerce trade, industry, agriculture, possession or any other reason…all these things he should pay the fifth part of them.

 

The deductions prior to the calculation of one fifth are:

a. What the person and his family need such as: eating, drinking, clothing, housing and all the necessities [requirements] of life according to his social position [rank].

b. The provision of gaining which includes and means the expenditures spent for the sake of getting the profits and their maintenance and increase, these two part are exempt from the fifth part. Also the fifth part is exempted from other years which the fifth part does not concern, or the fifth part concerned that year [was included from that year], but the owner paid it in the previous years.

 

How the Fifth Part pertains to wealth:

The fifth part concerns all sorts of wealth, but the owner has the choice to pay the fifth part of the wealth-bearing commodity or to pay the value of the fifth part.

If the fifth part belonged to the same wealth or property, then he is not allowed to manage it unless he paid the fifth part, even though he guaranteed it and became obliged to pay it from another fortune.

 

Branches in the Fifth Part:

1- If a time passed and the person was gaining eating and spending and he did not give the fifth part, then he should rapprochement the legal jurisprudent to arrange a compromise for his account to be acquitted of the debt and to limit the beginning of the financial year.

2- If the fortunes of the fifth part accumulated as a debt for person and their payment all at once is harmful for the person, then the jurisprudent is allowed legally to distribute the transfer by the payment of installments.

3- It is allowed for the legal jurisprudents to fund [grant] or tolerate [indulge] some of the fifth part if the fifth part is dependant on the other part, but the owner should know that he should pay all the fifth part and the legal ruler [judge] was obliged to fund a part of it in order to save the rest of the fifth part, the right of the "Imam" and the poor of" Bani Hashem." The action of the legal judge will not acquit the owner from Allah's debt.

 

The fifth part is divided into six shares: three for "Al-Imam" and three for "Bani Hashem", so the fifth part is halved: the first is for "Al-Imam" and the second for "Bani Hashem". If the member [individual Hashemite] received his share, then there are some matters to be considered about that person who is from Bani Hashem:

 

The first: faith.

The second: Poverty of orphans the wayfarer and homeless person.

The third: The obligation in religion, namely the person who received the fifth part should not spend in disobedience.

The fourth: He should prove that he is related to "Bani Hashem" from the father's side, and from the mother is not sufficient. Also merely the pretense [assumption] of relationship to Bani Hashem is not sufficient, but there should be evidence [witness] that he belongs to them or surety and reliable reports that he is.

The fifth: It is not allowed to give to ones own wife, parents or children, because those are persons whose maintenance [the cost of living] should be paid by the owner of the fifth part.

 

The Imam's share, peace  be upon him, that should be paid in the time of "Al-Ghaybah" to the jurisprudent [who is diligent and assiduous in legal opinions], has the conditions, is pious, abhorrent of the love of this world and dislikes the possession of wealth. He has the right to spend these fortunes where the public interest requires.

 

The General Rules of The Fifth Part

1- It is allowed to transfer [convey] the fifth part from a person's country to another country, if the deserved person was not present in the first, and also it should be transferred in fear of loss of the fifth part or when the legal judge [jurisprudent] orders to transfer it absolutely.

2- The cost of the transferring should be taken from the fifth part if the transferring was obligatory [as a duty], and if the transferring was not obligatory, then the owner is not obliged to pay.

3- If the owner has wealth in his country and other wealth in another country where the jurisprudent is living, then the owner is allowed to pay the fifth part in the country of the jurisprudent.

4- If a jurisprudent is in the country of the fifth part and there is another one in another country and the second one orders the transfer of the fifth part thinking that he should be obeyed by the people the order be obeyed by the people if the owner of the fifth part was imitating the second jurisprudent legally.

5- The owner was not be acquitted, unless he conveys the fifth part to the jurisprudent and the isolation of the 1/5 part is not sufficient for payment of the debt to Allah, or to the deserving person.

6- It is allowed, according to the leave [license] of the jurisprudent, for the owner [the commissioned] to give [to consider] to a Hashemite the fifth part.

7- The fifth part pays from the same fortune that it was part of and it is allowed also to pay its value in cash [the current and familiar cash] of the country of delivery.

 

"Al-Anfal"  or Booty:

All for the Imam;

1- This word means what the Muslims get from the foe in war or the gifts they gained or the booties or the superfluous materials they get or the lands… etc., all these things belong to the "Imam", they are:

2- The lands of the atheists [unbelievers], which the Muslims got [took] without fighting. The barren [uncultivated] land which has no owner [known] and this includes the lands that were possessed for a time and then their owners died or they were annihilated [no longer living], and also the land without property documents, the land which is in ruins in the middle of the country and its possessor [the owner] is unknown.

3- The coasts [shores] of the seas, whether they have life or are barren, unless there is a legal known possessor.

4-The mountains tops, the bottoms of the valleys, the areas that are full of trees and reeds…etc.

5- The selected [chosen] materials belonging to the kings, pure things that are remaining and their booties and their lands [farms and plantations] and the booties which invaders took by force without the permission of "Al-Imam".

6- The metals that are taken from the lands [the free, allowable land] without any possessor.

7- The inheritance without a known heir among the people.