Obligation and Outcomes of Paying the Khumus Duty

ٱلَّذِينَ يُنفِقُونَ أَمۡوَٲلَهُمۡ فِى سَبِيلِ ٱللَّهِ ثُمَّ لَا يُتۡبِعُونَ مَآ أَنفَقُواْ مَنًّ۬ا وَلَآ أَذً۬ى‌ۙ لَّهُمۡ أَجۡرُهُمۡ عِندَ رَبِّهِمۡ وَلَا خَوۡفٌ عَلَيۡهِمۡ وَلَا هُمۡ يَحۡزَنُونَ

In the Name of Allah, the All-beneficent, the All-merciful

Introduction:
The Khumus duty (a one-fifth tax that is paid once a lifetime) is one of the significant financial duties by which the entity of Islam in general and the Ahl al-Bayt School in particular have been managed and their economic affairs have been directed for centuries within a process of self-sufficiency (autarky) designed by the Holy Legislator for purpose of preserving the Islamic doctrine and principles from being melted in the policies of the ruling authorities and from running after the decisions that were imposed by these ruling authorities by influence of authority and finance that they had under their control.

These rulers were full of apprehension about the attainment of these finances by the Holy Imams of the Ahl al-Bayt; they therefore used to break into the houses of the Imams to search them. They often summoned the Imams to their headquarters for interrogation. They also took more procedures, such as desiccating the financial sources of the Ahl al-Bayt, confiscating their major properties, and preventing the spoils of war from reach to their hands. The last procedure was taken in an early time of Islam when all the Hashimites (i.e. the descendants of H¡shim, the Holy Prophet’s grandfather) were prevented from taking a share in the spoils of war gained by Muslims.

In order to avoid any clash with the ruling authority and to defend their partisans (i.e. Shiah), a number of the Holy Imams resigned their dues of the Khumus taxes that were levied from the finances of the believers and abandoned demanding people with this due for about two centuries that extended to the final days of Imam al-Jaw¡d (martyred in AH 220), who identified the general laws appertained to this financial duty.([1])  In this respect, Yunus ibn Ya‘qub is reported to have said:

“I was in the presence of Imam al-Sadiq ('a) when a reed-house builder (or baby-dressmaker) visited him and said, ‘May Allah accept me as ransom for you! We usually gain funds, profits, and business money and we know for sure that you have a fixed share in these. However, we have neglected your right.’

Imam al-Sadiq ('a) answered,

‘If we, today, impose upon you to give us our rights out of these, then we will have not treated you fairly.’”⁽[2])

The Holy Qur'an has openly deemed obligatory the payment of the Khumus tax, saying, “And know that whatever thing you gain, a fifth of it is for Allah and for the Messenger and for the near of kin and the orphans and the needy and the wayfarer. 8/41”

According to Arabic language, the ‘gain’ mentioned in this holy verse includes whatever is gained by man and it is not restricted to the spoils of war. To this meaning, al-Raghib, a master lexicographer, and many other master scholars of Arabic language have referred. This meaning is also confirmed by the following authenticated tradition that is reported from Suma‘ah who said:

“When I asked him about the finance that is subjected to the Khumus tax, Imam al-Riiza (‘a) answered, ‘All finances that are gained by people, be them little or much, are subjected to the Khumus tax.’”

Besides, many other traditions that are reported from the Holy Imams testify to this fact.

Both Sunni and Shi‘ite scholars have unanimously agreed upon the fact that the Holy Prophet used to levy the Khumus taxes and give his relatives, namely the Hashimites, exclusively a share of these taxes up to his departure of life. However, the rulers who came after him prevented the Prophet’s relatives from receiving such shares and, instead, gave them as same as they would give to the ordinary people.([3]))

On many occasions, the Holy Imams of the Ahl al-Bayt expressed their grief for this clear-cut violation of the Holy Qur'an and Prophetic tradition.

Abu-Ja‘far al-Ahwal has reported that Imam al-Sadiq, once, asked him, “What do the people of Quraysh say about the Khumus tax?” He answered, “They say that these taxes are theirs!” “No, by Allah!” said the Imam, “They have never been fair to us! If they ask for mutual curse, we will participate in it and if they ask for combat, we will combat them (to prove that this tax is ours)! Then, they and ‘Ali will be equal.”([4]))

The issue of the obligation of paying the Khumus tax has been exposed to a big campaign of suspecting its reality, misleading the people, and forging facts in order to prevent the people from defraying this financial duty to its people so that this compact financial foundation upon which the entity of true Islam relies in its perpetuation and in the maintenance of its blessed projects would be blasted.

The others claim that the spoils of war are exclusively subjected to the Khumus tax or this tax was obligatory during the lifetime of the Holy Prophet, but not in any other time. Previously, I have refuted such baseless claims.

Moreover, a few years ago, I delivered a lecture entitled ‘Suppression of the Religious Financial Rights: A Grand Sin’, which is published in my book entitled ‘Three Things Complain’. It has been also published in an independent book carrying the same title. In this lecture, I have given details of the significance of this religious duty and reasons for the aloofness of people from paying it, in addition to the material and moral results and the method of treating the negligence of carrying it out.

In fact, commitment to defraying this divinely ordained duty brings about great blessings to both the individuals and the community. As for individuals, the benefit of the Khumus tax can be concluded from the following authentic tradition that is reported by ‘Ali ibn Mahziyar from Imam al-Jawad who said:

“My partisans, may Allah lead them to righteousness, or some of them have failed to carry out what is obligatory upon them to do regarding their financial duties towards us. When I was informed about this, I would like to cleanse and purify them through an order that I have taken concerning the Khumus tax this year. God, the Almighty, says, ‘Take alms out of their property, you would cleanse them and purify them thereby, and pray for them; surely your prayer is a relief to them; and Allah is Hearing, Knowing. Do they not know that Allah accepts repentance from His servants and takes the alms, and that Allah is the Oft-returning (to mercy), the Merciful? And say: Work; so Allah will see your work and (so will) His Messenger and the believers; and you shall be brought back to the Knower of the unseen and the seen, then He will inform you of what you did. 9/103-5’”

As obviously understood from the Imam’s words, the payment of the financial duties purifies from stinginess, parsimony, and fondness of this world, trains on mutual compassion and cooperation, and cleanses the properties, because the remainder of one’s fortune after paying its Khumus tax is legal and pleasant. It also contributes to developing one’s deeds and increasing one’s rewards for one’s good deeds in such an augmented way that none can estimate except God the Almighty. In this respect, He, the Almighty, says, “The parable of those who spend their property in the way of Allah is as the parable of a grain growing seven ears (with) a hundred grains in every ear; and Allah multiplies for whom He pleases; and Allah is Ample-giving, Knowin. 2/261”

He has also promised to compensate in many folds those who spend their money for His sake. He shall thus give back whatever they have spent as alms in addition to the rewards they will gain in the Hereafter. He, the Almighty, has thus said, “Say: Surely, my Lord amplifies the means of subsistence for whom He pleases of His servants and straitens (them) for whom (He pleases), and whatever thing you spend, He exceeds it in reward, and He is the best of Sustainers. 34/39”

The blessings and benefits that are gained by the community as a whole are too clear to require explanation.

On the other hand, failing to carry out this religious financial duty brings about noxious consequences.

One of these consequences has been mentioned in the second message of the Awaited Imam to Sheikh al-Mufid. In this message, which is mentioned in al-Tabrisi’s book of al-Iatij¡j, the Imam refers to two major bad consequences:

First:  Falling short of paying the Khumus tax results in the delay of the advent of the Awaited Imam, which means continuity of sufferings of humanity because of injustice, persecution, oppression, deviation, straying off, and increase of the numbers of those who will be chastised Hellfire.

Second: When this financial duty is not carried out, safety from the misleading seditious matters will not be guaranteed, because many misleading parties (expressed by traditions as ‘pennons’) will emerge before the advent of the Awaited Imam. In fact, these days are witnessing the raising of so many misleading ‘pennons’. Moreover, all matters will be so confused to people that they will lose their ways and become incapable of distinguishing between what is right and what is wrong and between the true ‘pennon’ and the false one.

One of the Holy Imams has expressed his apprehensions about such seditious matter, and he was asked how one can find safety and succeed in distinguishing among these confusing ‘pennons’, he said, “By Allah, our issue is clearer than sunlight.”

One of the elements that contribute to seeing this clarity, according to the Awaited Imam’s message, is the payment of the religious financial duties.

Another fatal consequence that afflicts those who refrain from paying the Khumus tax is that all the threats and menaces that are reported against those who refrain from paying the Zakat tax are applicable to those who refrain from paying the Khumus tax. However, there are two major aspects of similarity between these two taxes.

1. Both the Zakat and the Khumus taxes are financial duties of the same purpose. Yet, the question of paying the Khumus tax may be more serious, because it is directly related to the financial dues of the Ahl al-Bayt and their descendants, since they are forbidden from receiving any amount of the Zakat taxes. In this respect, Imam al-¯¡diq is reported to have said, “When Allah, except Whom there is no god, has forbidden us from receiving the alms, He decided for us the Khumus taxes as substitution. Therefore, it is forbidden for us to take any amount of the alms while it is obligatory upon all others to pay us the Khumus taxes.”(([5]))

The reason for the concentration on the Zakat tax in the early age of Islam is appertained to the nature of the economical life of that time, since economy was mainly reliant upon the things that are subjected to the Zakat tax.

2. The majority of the laws and instructions that are appertained to the Zakat tax include all the instances of the obligatory spending for the sake of God, which thus includes all the religiously ordained financial duties, but not the Zakat tax exclusively. The word ‘alms’ mentioned in the following holy verse stands for the obligatory Zakat duty:

“Alms are only for the poor and the needy, and the officials (appointed) over them, and those whose hearts are made to incline (to truth) and the (ransoming of) captives and those in debts and in the way of Allah and the wayfarer. 9/60”

Similarly, Imam al-Baqir is reported to have said:

“As for any servant (of God) who refrains from paying the Zak¡t tax (from his wealth), God will certainly transform these funds into a fire serpent surrounding his neck and biting his flesh until the settling account with him is finished. This is the meaning of God’s saying, ‘They shall have that whereof they were niggardly made to cleave to their necks on the Resurrection Day. 3/180’”([6])

In this tradition, the word ‘Zakat’ is so comprehensive to include all the religious duties one of which is the Khumus duty.

One of the procedures that the Holy Prophet made against those who refrained from paying the Zakat was that he ordered them to be sent out of the Mosque. This procedure has been reported by Imam al-Baqir who related the following:

“The Holy Prophet was in the Mosque when he named five persons and said to them, ‘Leave our mosque and never offer any prayer here as long as you do not pay the Zakat duty.’”([7])

Imam al-¯Sadiq is reported to have said:

“Whoever refrains from defraying even a carat of Zakat may die as Jew or Christian, as he likes.”([8])

Likewise, in his instructive will to Imam ‘Ali, the Holy Prophet is reported to have said:

“Ten categories of the people of this nation have disbelieved in God, the All-great. One of these are those who refrain from paying the Zakat duty. Other eight categories of the people of this nation will not have their prayers accepted by God. One of them are those who refrain from paying the Zakat. He who refrains from paying even a carat of Zakat is neither believer nor Muslim. Those who refrained from paying the Zak¡at duty will ask God to grant them an opportunity to return to this world. This is the meaning of God’s saying, ‘(Until when death overtakes one of them, he says) Send me back, my Lord, send me back! Haply I may do good in that which I have left.(23/100)’”([9])

Let us conclude this discussion with the following holy verse:

“O you who believe, answer the call of Allah and His Messenger when he calls you to that which gives you life; and know that Allah intervenes between man and his heart, and that to Him you shall be gathered. 8/24”

[1]  For further details, refer to al-°urr al-‘ªmil¢, Wasa'il al-Shi‘ah, Book of Laws of Khumus, Chapter: Spoils of War and Deeds Restricted to the Imam, Vol. 6.

[2] Al-Hurr al-‘ªmili, Wasa'il al-Shi‘ah 6:380, S. 4 (Deeds Restricted to the Imam), H. 6.

[3] See for instance al-Zamakhshari, Tafser al-Kashshaf (Exegesis of the involved holy verse), A¦mad ibn °anbal, al-Musnad, and many other reference books. Quoted from ‘Abd al-Husayn Sharaf al-Den, al-Najj wa’l-Ijtih¡d, pp. 50.

[4] Al-°urr al-‘ªmili, Was¡'il al-Shi‘ah 6:380, S. 1, H. 14 & 15.

[5]  Al-°urr al-‘ªmili, Was¡'il al-Shi‘ah 6:187, H. 7.

[6] Al-°urr al-‘ªmili, Was¡'il al-Shi‘ah 6:11, H. 3.

[7] Al-°urr al-‘ªmili, Was¡'il al-Shi‘ah 6:12, H. 7.

[8] Al-°urr al-‘ªmili, Was¡'il al-Shi‘ah 6:18, H. 5.

[9] Al-°urr al-‘ªmili, Was¡'il al-Shiah 6:18, H. 3.

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