Ali ibn al-Hasan ibn Faddal said, Ali ibn Ya'qub said to me, from Abu al-Hasan al-Baghdadi, al-Hasan ibn Isma'il ibn Salih al-Saymari said: al-Hasan ibn Rashid said to me, saying: Hammad ibn Isa narrated to me:
Some of our companions narrated it to me, mentioning it from the righteous servant, Abu al-Hasan al-Awwal
عليه السلام (the First), peace be upon him, who said: "Khums is from five things: from war booty, from diving, treasures, minerals, and salt-marsh (mallahah). And in the narration of Yunus: "and ambergris (anbar)." I found it in some of his books, this word: ‘ambergris (anbar)’, and I did not hear it. (Imam
عليه السلام said) "The khums is taken from all these categories, and it is assigned to those for whom Allah
سبحانه وتعالى assigned it, and four fifths are divided among those who fought over it and took charge of that. And the khums is divided among them into six shares: (Surah Al-Anfal
8:41) A share for Allah
سبحانه وتعالى, Mighty and Majestic, A share for the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, A share for the near relative, A share for the orphans, A share for the needy, And a share for the sons of the road (wayfarers). So the share of Allah
سبحانه وتعالى and the share of His Messenger
صلى الله عليه وعلى آله وسلم belong to the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, And the share of Allah
سبحانه وتعالى and the share of His Messenger
صلى الله عليه وعلى آله وسلم belong to the guardian (Imam
عليه السلام) of the command after the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, by inheritance. Thus He (Prophet
صلى الله عليه وعلى آله وسلم) has three shares: Two shares by inheritance, And one share allotted to him from Allah
سبحانه وتعالى. So He (Prophet
صلى الله عليه وعلى آله وسلم) has half of the khums in full, and the remaining half of the khums is among the people of his household (Ahlul Bayt
عليه السلام): A share for their orphans, A share for their needy, And a share for their sons of the road (wayfarers). It is divided among them according to sufficiency and abundance, by that with which they become independent in their year. So if anything remains after them, which they are independent of, then it belongs to the ruler. And if it is deficient or falls short of making them independent, then it is upon the ruler to spend from what is with him according to what makes them independent. And it only became upon him (ruler) to provide for them because he (ruler) has whatever remains after them. And Allah
سبحانه وتعالى only made this khums specifically for them (Ahlul Bayt
عليه السلام), excluding the needy of the people and their sons of the road (wayfarers), as a compensation for them from the charities of the people, as a purification for them from Allah
سبحانه وتعالى because of their nearness to the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, and as an honor for them away from the filth (khums) of the people. So Allah
سبحانه وتعالى made specifically for them (Ahlul Bayt
عليه السلام), from Himself
سبحانه وتعالى, that by which He
سبحانه وتعالى makes them independent from placing them in the position of humiliation and poverty. And there is no harm in the charities of some (Banu Hashim) of them upon others. And these, for whom Allah
سبحانه وتعالى made the khums, are the relatives of the Prophet
صلى الله عليه وعلى آله وسلم, may Allah
سبحانه وتعالى bless him and his family, whom Allah
سبحانه وتعالى, Mighty and Majestic, mentioned. Allah
سبحانه وتعالى the Exalted said, ‘And warn your nearest clan.’ (Surah Ash-Shu'ara
26:214) And they (clan) are the children of Abd al-Muttalib themselves, the male and the female among them. And there is not among them (Banu Abd al-Muttalib) anyone from the households of Quraysh, nor from the Arabs, and neither among them nor from them, in this khums, are their clients (mawali). The charities of people may be lawful for their clients; they and the people are equal. And whoever's mother is from Banu Hashim and his father is from the rest of Quraysh, then charity is lawful for him, and he has nothing from the khums, because Allah
سبحانه وتعالى the Exalted says: ‘Call them by their fathers.’ (Surah Al-Ahzab
33:5) And the Imam
عليه السلام has the chosen portion of the wealth, that he (the Imam
عليه السلام) may take from these properties their chosen portion, the fine slave-girl, the fine riding animal, or the garment, or the goods, from what he loves or desires. And that belongs to him (the Imam
عليه السلام) before the division and before the extraction of the khums. And he (the Imam
عليه السلام) may use that wealth to cover all that befalls him, from the giving to ‘those whose hearts are to be reconciled’ (Muallafati bi qulubihim) and other categories of what befalls him. Then if anything remains after that, he (Imam
عليه السلام) extracts khums from it and divides it among its people, and divides the remainder among those who undertook that. But if nothing remains after covering needs that arise, then there is nothing for them. And those who fought have nothing from the lands and from what they overcame, except what the army contained. And the Bedouins have no share from the division, even if they fought with the ruler, because the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, made a treaty with the Bedouins that He
صلى الله عليه وعلى آله وسلم would leave them in their dwellings and they would not emigrate, on the condition that if a sudden attack from his enemy came upon the Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, He
صلى الله عليه وعلى آله وسلم would call them out and fight with them, and they would have no share in the booty. And His
صلى الله عليه وعلى آله وسلم Sunnah continues among them and among others. And the land that was taken by force, with horses and riding camels, is held in endowment, left in the hand of the one who cultivates it, revives it, and maintains it, according to the settlement upon which the ruler settles with them, according to their capacity from the land tax (kharaj): half, or a third, or two thirds, and according to what is beneficial for them and does not harm them. Then when produce comes out from it, he (the Imam
عليه السلام) begins by extracting from it the tenth from all of what the sky watered or what was watered by flowing water, and half of the tenth from what was watered by waterwheels (dawali) and water-carrying camels (nawadih). The ruler takes it and directs it to the direction to which Allah
سبحانه وتعالى the Exalted directed it, upon eight shares: for the poor, the needy, those who work over it, those whose hearts are to be reconciled, in freeing necks (slaves), the debtors, in the way of Allah
سبحانه وتعالى, and the sons of the road (wayfarers); eight shares. He (the ruler) divides it among them in their places according to what makes them independent for their year, without hardship and without restriction. If anything remains from that, it is returned to the ruler. And if anything from that is deficient and they are not sufficed by it, then it is upon the ruler to provide for them from what is with him according to what satisfies them until they become independent. Then after that, what remains of the tenth is taken and divided between the ruler and his partners, who are the workers of the land and its cultivators (akarah). Their portions are paid to them according to what he (the ruler) settled with them upon, and he takes the remainder, and that becomes the provisions of his helpers upon the religion of Allah
سبحانه وتعالى, and in the interest of what befalls him of strengthening Islam and strengthening the religion in the aspect of jihad and other than that from what contains the interest of the general public. He (the ruler) has nothing from that for himself, little or much. And after the khums, he (the ruler) has the spoils (anfal). And the spoils are every ruined land whose people have perished, and every land over which neither horses nor riding camels were driven, but they made settlement over it and gave it with their own hands without fighting. And he (the ruler) has the tops of the mountains, the interiors of the valleys, the thickets (ajam), and every dead land that has no owner. And he (the ruler) has the chosen properties of kings (qata'i al-muluk) from what was in their hands without the aspect of usurpation, because everything usurped is returned. And he (the ruler) is the heir of the one who has no heir, and upon him descends everyone who has no means. And the jurist
عليه السلام, peace be upon him, has said: "Indeed, Allah
سبحانه وتعالى does not leave anything from the categories of wealth except that He
سبحانه وتعالى has divided it and given every possessor of a right his right: the elite, the general public, the poor, the needy, and every kind from the categories of people." And Imam
عليه السلام said: "If justice were done among the people, they would become independent." Then Imam
عليه السلام said: "Indeed, justice is sweeter than honey, and none does justice except one who performs justice well." And Imam
عليه السلام said: "The Messenger of Allah
سبحانه وتعالى, may Allah
سبحانه وتعالى bless him and his family, used to divide the charities of the people of the town among the people of the town, and He
صلى الله عليه وعلى آله وسلم would not divide it among them equally upon eight shares, such that He
صلى الله عليه وعلى آله وسلم would give the people of each share an eighth. Rather, He
صلى الله عليه وعلى آله وسلم would divide it according to those present before him from the eight categories, and according to what would enrich each category among them according to its measure for its year. There is nothing fixed, named, or composed in that. He
صلى الله عليه وعلى آله وسلم only does that according to what He
صلى الله عليه وعلى آله وسلم sees and what is present before him, until He
صلى الله عليه وعلى آله وسلم covers the need of every group among them. Then if any surplus remains from that beyond the poor of the people of the wealth, He
صلى الله عليه وعلى آله وسلم carries it to others besides them. And the spoils (anfal) belong to the ruler: every land conquered in the time of the Prophet
صلى الله عليه وعلى آله وسلم, may Allah
سبحانه وتعالى bless him and his family, until the end of forever, whatever was conquered by the call of the Prophet
صلى الله عليه وعلى آله وسلم, from the people of injustice and the people of justice, because the covenant of the Messenger of Allah
سبحانه وتعالى, among the first and the last is one covenant, because the Messenger of Allah
سبحانه وتعالى, said: 'The Muslims are brothers; their blood is equal, and the lowest of them may act on behalf of their covenant.' And there is no zakat in the wealth of khums, because Allah
سبحانه وتعالى made provisions of the poor of people in the wealth of the people upon eight, and none of them remained. And Allah
سبحانه وتعالى made for the poor of the relatives of the Prophet
صلى الله عليه وعلى آله وسلم, may Allah
سبحانه وتعالى bless him and his family, half of the khums, so Allah
سبحانه وتعالى enriched them by it from the charities of the people, and the charities of the Prophet
صلى الله عليه وعلى آله وسلم, may Allah
سبحانه وتعالى bless him and his family, and the guardian of the command. Thus no poor person remained from the poor of the people, and no poor person remained from the poor of the relatives of the Prophet
صلى الله عليه وعلى آله وسلم, except that he had become independent, and there was no poor person. And likewise, there was no zakat upon the wealth of the Prophet
صلى الله عليه وعلى آله وسلم, may Allah
سبحانه وتعالى bless him and his family, and the ruler, because no poor needy person remained. But upon them are obligations that befall them from many directions, and they have from those directions just as they have upon them."