Khums
Sulaiman: And what is Khums? It is said that it is a thing made wajib on you by your scholars, which is beneficial to them?
Ja’far: Naturally to say something like this is against reason. You should know that Khums is a religious duty, which Allah ordered:
"And know that whatever you gain, a fifth of it is for Allah and for the Apostle and for the near of kin and the orphans and the needy and the wayfarer, if you believe in Allah and in that which We revealed to Our servant..."
(Surah Anfal 8:41)
The above ayat was revealed on a particular occasion. However, it’s command extends to all the times. And it is that Muslims must pay one-fifth of the profits (Ghaneemah). Secondly whatever they get without making efforts. For example, the spoils of war. The profits of business is known as ghaneema of business, etc. So how can we say that the ayat restricts khums only to the spoils of war?
It is clearly mentioned in the traditions of the Prophet of Allah (a.s.) and his Household (a.s.) that a person asked the Messenger of Allah (s.a.w.s.) to explain to him the articles of faith and he (s.a.w.s.) replied,
"Witnessing that there is no god except Allah and that Muhammad is the Messenger of Allah. Establishing the prayer, paying Zakat, fasting in the month of Ramadhan and paying one-fifth (khums) of profits."
(Sahih Bukhari chapter of Khums)
In the same way it is mentioned in the letters that the Holy Prophet (s.a.w.a.) sent to tribal chiefs to invite them to Islam. As mentioned in his letter to Yemen after they accepted Islam,
"The Governor should take the Khums of Allah from the booty. He should also take the Sadaqat which are wajib on Momeneen."
Sulaiman: If the paying of Khums is so clearly established in light of Arabic grammar why do the Sunni scholars not prescribe Khums other than on spoils of war, as an obligatory act?
Ja’far: Of course! Some of the esteemed scholars from our Ahle Sunnat brothers do prescribe khums for the mined wealth, and gold and silver. It is possible these people depend on the traditions recorded on this topic. Shias also give verdict on the Khums being wajib from the excess of profits every year. According to them it is based on authentic traditions. From the interpretation of Quranic Ayats too, khums is wajib.
Sulaiman: I would like to learn about the details of Khums.
Ja’far: Khums means 20% of religious tax that a Muslim pays on profits as mentioned in the Islamic shariat. Or the wealth of mines and whatever extracted in raw, etc. Also the wealth of the sea like pearls and coral. The land that is sold to Kafir Zimmi from a Muslim and that property that is earned from Haraam but not obvious and those mined (metals). On all these after the expenses are deducted, Khums is payable on the balance amount. Total profits of the year minus the yearly expenses also qualify for khums.
Dawood: What you have explained is according to the prescribed law of Khums. Tell me how you calculate the Khums payable by you?
Ja’far: In brief I would say that at the end of a year on an appointed day I calculate as to how much I have saved. And from this amount I take out 20% and pay it as Khums.
Sulaiman: Do you pay khums every year?
Ja’far: It is not necessary. If I do not save anything in a particular year I do not have to pay any Khums.
Sulaiman: Good! Now tell me the method of disposing Khums.
Ja’far: Khums is disposed off in the method prescribed by the verse of Khums (Surah Anfal 8:41). They are six: For Allah the Almighty, and His Prophet (s.a.w.s.), for the near of Kin (of the Prophet), the orphans, the needy and the wayfarer.
On this basis Khums should be divided into two parts. One part is Sahme Sadaat, it should be given to a Sayyid who is poor, or orphan, or who has become stranded without money during his journey. The second part is Sahme Imam (a.s.), and during the present time it should be given to a Mujtahid (jurist), who fulfils all conditions, or be spent for such purposes as allowed by that Mujtahid. As an obligatory precaution, that Mujtahid must be Aalam (the most learned), and well versed in public affairs.
Sahme Imam is usually spent for religious activities like religious propagation and construction of Mosques.
Sulaiman: One last question about Khums. It is said that it is used for violent (terrorist acts) purposes?
Ja’far: Terrorism is employed by intelligence agencies who do not mean good for Islam and Muslims. It is a well-known fact that they work to create discussion discord between nations, destabilise Kingdoms and kill innocent people. Now all this is haraam. Such people are not just, which is a necessary condition for Marja-e-Deen. (Thus he no longer remains a Marja’ and could not be paid khums money).
Rather, it is proved beyond all limits that some intelligence agencies of powerful countries use public money collected as tax for subversive activities around the world. All this is in the guise of protecting Human rights.