Khums, the Fund of Independence of Bayt Al-Mal

Khums in Sunni Cabbalas

Some people say that in none of Islamic cabbalas Khums has been mentioned in a case other than spoils of war and in cabbalas it has been talk about Khums exclusively for spoils of war.

This claim is one of baseless claims and is a sign of ignorance of the person who has said this about Islamic Ahadith, because Khums in other than spoils of war has been mentioned in Sunni cabbalas and also Shiite cabbalas (but in Sunni cabbalas only some parts of Khums have been mentioned, while in Shiite cabbalas all of them have been expressed).

First, we point to a part of Sunni cabbalas which explicitly proves Khums of things other than spoils of war.

These cabbalas have been chosen from famous resources of Ahlul Sunnah which are acceptable for all of them.

A) It has been quoted in “Sunan of Beihaghi[^1]” from Abu Harira that Prophet (S) said:

There is Khums in Rekaz, a person who was there asked: What is Rekaz? Prophet (S) answered: “Mines of gold and silver which Allah has been created on earth from the beginning day.

It should be considered that Rekaz (it is pronounced like Ketab) literally means any kind of asset that is placed in earth; and accordingly all mines are called Rekaz; and also all treasures and assets which have been remained in earth from former humans are called Rekaz; and the fact that we see in the Hadith above it has been interpreted to mines of gold and silver is that a kind of clear samples not being exclusive to them.

B) It has been quoted in a Hadith from Anas ibn Malik that: We were in a road with Prophet (S), one of our friends entered to ruins … and he found there a treasure of gold … they weighted that and it was about two hundreds dirhams, Prophet said that it is Rekaz and it is obligatory to pay its Khums.[^2]

C) It has been quoted in Sahih of Muslim from Abu Harira that Prophet (S) said: “فی الرّکاز خمس” (there is Khums in Rekaz). The same matter has been also mentioned in Sahih of Bokhari.[^3]

It has been affirmed in this Hadith which is one of famous Ahadith among Sonnies that there is Khums in Rekaz and as we said and it is understood from its main root and also it has been affirmed in some famous dictionaries like Qamoos, Rekaz has a vast meaning which consists of any kind of asset that is placed and saved in earth, like mines and treasures of former humans that has been buried in lands; and accordingly, some pf Sunni Faqihs like “Abu Hanifa” affirmed that Khums is obligatory in mines and Nisab (minimum needed level or amount) of Zakat is not a condition in this case.[^4]

It has been quoted in the book “Kanz Al-Ummal”, vol. 7, page 65 that Prophet (S) said:

ان لکم بطون الارض و سهولها و تلاع الاودیة و ظهورها، على ان ترعوا نباتها و تشربوا مائها على ان تؤدّوا الخمس 2

Deep inside the earth, fields and inside the valleys and out of them are all in your hands in order to use their plants, drink their water and pay Khums about them.[^5]

There is no doubt that here, the purpose of Khums is not Zakat of sheep, because Zakat of sheep is not one fifth. Therefore, the purpose is to use these lands and pay the Khums of its income.

It has been quoted in a Hadith in the book “Usd Al-Ghaba” that “Masrooq ibn Wael” came to prophet (S) and became Muslim, and he said I like you to send some people to my tribe in order to invite them to Islam, and please write a letter for them, may Allah guide them all. Prophet (S) ordered to write this letter:

In the name of Allah the Compassionate the Merciful
From Muhammad, prophet of Allah to chieftains of Hadhramut,
Orders them to perform prayer and pay Zakat, Zakat is for animal that pastures in fields and the animal that is taken in house for the need of its owner has not Zakat and Khums is obligatory in “Soyoob” and it is obligatory to pay one tenth in palms which grow without the need of water.[^6]

We will discuss soon about the purpose of Soyoob which Khums is obligatory in it.

We read in another Hadith in the book “Al-Aghd Al-Fareed” that Prophet (S) wrote a letter to Wael ibn Hajr Hadhrami: “From Muhammad Prophet of Allah to chieftains of Abahela …” to the point that said: “and there is Khums in Soyoob”.[^7]

We read in footnote of the book “Al-Aghd Al-Fareed” after quoting the Hadith above that “Soyoob” is plural form of “Sayb” that means assets which had been remained as treasures from the time of ignorance or mines, because they consider as divine gifts.

But we read in “Qamoos” which is one of famous Arabic dictionaries that: Mainly “Sayb” means any kind of gift and benefaction and “Soyoob” is in the meaning of “Rekaz” (treasures and mines).

If we consider “Sayb” in the meaning of any kind of gift and benefaction and the purpose is divine gift and benefaction, it consists of all incomes and according to that Khums should be paid in all of them; and if we consider it as the exclusive meaning of mines and treasures, it also proves that Khums is obligatory in other than spoils of war and it is not exclusive to spoils of war.

[^1]: Sunan of Beihaghi, vol. 4, page 152.

[^2]: Sunan of Beihaghi, vol. 4, page 155.

[^3]: Sunan of Beihaghi, vol. 4, page 155.

[^4]: “Al-Mughani” by Ibn Qudama, vol. 2, page 580, printed in Beirut

[^5]: Makateeb Al-Rasool, vol. 2, page 365, it has been quoted from other evidences.

[^6]: Usd Al-Ghaba, vol. 3, page 38.

[^7]: Al-Aghd Al-Fareed, vol. 2, page 48, printed by Ismaelian.