The Shi'ah - the Divine Code of Living
- Khums ========
"Khums" which is another kind of tax, is compulsory on five things: the booty taken from an enemy in war; the pearls and minerals drawn from the sea; hidden treasures mineral substances extracted from the land; and lawfully gained money which has been mixed with unlawful money, or profits gained from business, or land transferred to a "dhimmi" (a Christian or a Jew, living within the Muslim nation) from a Muslim.
The obligation of "khums" is based on the command of Almighty God : "Know that the one fifth of what you get as booty is the share of God, the Prophet (s.a.w.). the relations, the orphans, the beggars and the wayfarers" (Surah Anal). Moreover, we believe that "khums" is a right which God the Almighty particularly reserved for the descendants of Muhammad (s.a.w.).
Since charity is unlawful for the children of the Holy Prophet (s.a.w.) (they can not receive zakat), "khums" is a kind of compensation from the bounty of God the Almighty.
"Khums" is divided into six parts: three are for God, the Prophet (s.a.w.) and his kith and kin; and the other three parts must be paid to the holy Imam, when he is present. However, "khums" should be handed over to the representative of the Imam, that is the "just mujtahid", when the former is in occultation, The Imam is to use these funds to protect the religion of Islam and to complete the development plans of the Muslim nations.
This is the real purpose for which it is to be used; it must be stressed that Sayyid Muhammad Alusi wrote in a rather flippant manner in his commentary on the Qur'an when he said: "In these days the money accumulated from "khums" should be placed in the cellar."
This, in fact, refers to a fictitious story current among certain of our Sunni brothers, which relates that the Shi'as say that their Imam disappeared in a cellar; we need hardly point out that occultation of the Imam had not the slightest connection with the aforementioned cellar.
The Ithna Ashari Shi'as go to visit the cellar at Samarrah, because it was the place where the Holy Imam used to offer "tahajjud" (mustahab night prayers). Also that was the place where the father and the grandfather of the Holy Imam used to offer prayers to God, the Almighty.
The remaining three parts of "khums", as we have said, are the right of the poor people of the Hashimi family (that is the family of the Prophet).
Such were the commandments of "khums" which have been followed from the time of the Holy Prophet (s.a.w.) until now. After the death of the Holy Prophet (s.a.w.), the Muslim rulers suppressed this right to "khums" of the Al Hashim (the progeny of the Prophet) and instead collected the money into the baytu 'l-mal in order that they themse1ves could control its use. This family, who had no right to "zakat", were now also deprived of "khums".
It seems that Imam Shafi'i himself, in his book entitled "Am", pointed out that the descendents of the Prophet (s.a.w.), for whom "khums" was set aside in place of charity, can neither be given anything out of the prescribed charities, nor may they take it, and if the giver of charity knowingly gives it to them he will have to forego his heavenly reward.
Moreover, he adds: "if they have been deprived of the right of "khums" it does not mean that charity and other such things which are unlawful for them will become lawful." Indeed, since the people in power did away with this "right" altogether the books of jurisprudence of the majority community are quite silent upon this topic and not surprisingly Imam Shafi'i has omitted to mention this topic in his books on "fiqh".
In all Shi'a books of "fiqh", "khums" has been given a special chapter just like "zakat". (we must admit however that the learned scholar Hafiz Abu 'Ubayd al-Qasim ibn Salam (died 224 A.H.), in his great work "Kitab al-amwal", dealt with all the problems of "khums", including the ways in which it should be spent, in a special chapter. Most of the points he discussed are in perfect consonance with Shi'a beliefs (vide pages 303-349).
5. Hajj
According to the Shi'a faith, 'hajj' (the pilgrimage to Makkah) is one of the pillars of Islam. One who abstains from performing this duty when he is able must die the death of a Jew or a Christian as a punishment for his failing. Anyone who refuses to obey this divine command has come close to the threshold of being a "kafir". God refers to such a person in Sural Al 'Imran: "wa man kafara fa in allaha ghani un 'an al 'alamin - anyone who commits "kufr" should know that God is independent of all the worlds."
Hajj is a kind of financial and physical "jihad". Indeed hajj should be called the true jihad, and jihad should be called the true hajj. If we ponder over their relationship a little carefully this hidden meaning and basic harmony between the two will become quite apparent.
Hajj becomes obligatory for a Muslim under the following conditions: he should have reached the age of puberty and be sane of mind; moreover he should have sufficient financial means, be in good health and the route leading to Makkah should be open and safe for travel. Should these conditions be fulfilled, hajj becomes immediately "wajib" (compulsory), but once performed, a person need never go again in his lifetime. Hajj is of various kinds:
(1) "Hajj afrad". The basis of this is the holy verse: "For the sake of God, hajj is compulsory for those who can reach there" (Al 'Imran: 97).
(2) "Hajj Qur'an". It is mentioned in the verse: "Complete hajj and "umrah for the sake of God" (Al Baqarah: 196).
(3) "Hajj tamatu'". This hajj is mentioned in the following verse: "Whoever wishes to continue the 'umrah to hajj should offer the sacrifice which, he can afford" (Al Baqarah: 190).
Each of the above has been the subject of much research. The decisions of the 'ulama' concerning the various conditions for each kind of hajj are recorded in the books of jurisprudence.
After going through a large number of books of the Sunni 'ulama' we have come to the conclusion that in this matter most of their laws are similar to those of ours; of course, there are some differences to be found, but they are not many.
The Shi'as give great importance to hajj and are very particular about the performance of this obligation. Even during the days when they had to journey amongst people who were thirsting for their blood and enemies of their honour and respect, they were unmindful of all the dangers. So devoted were they, and so anxious to reach Makkah, that they arrived in hundreds of thousands to make the "tawwaf" of the Ka'bah ("tawwaf" is the special circumambulation of the hajj).
Fears for their life and property did not lower their spirits. The feeling of the obligatory nature of this pillar of Islam continued to move their steps forward. Moreover they often performed hajj at enormous expense. It is regretful that, in spite of this obvious obedience to God's orders, it is still said that the Shi'as seek the destruction of Islam!