Speculation 5: Not Receiving from the Khums

Speculation 4: The Verse of Hijab
August 27, 2015
Speculation 6: The Call to Mubahalah
August 27, 2015

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Speculation 5: Not Receiving from the Khums

The Shia claim that these three daughters would not be given from the share of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam, nor were their husbands included in the khums, whereas Sayyidah Fatimah radiya Llahu ‘anha and her husband would always be given a share from the shares of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam. This proves that Rasulullah salla Llahu ‘alayhi wa sallam had only one daughter viz. Sayyidah Fatimah radiya Llahu ‘anha and only one son-in-law viz. Sayyidina ‘Ali radiya Llahu ‘anhu. Had there been any other daughters or son-in-laws, they would have been given this share. This is their proof and method of substantiation.

 

Eliminating this Speculation

The relatives of Rasulullah salla Llahu ‘alayhi wa sallam would be given from a fifth of the booty and this practice remained even after the demise of Rasulullah salla Llahu ‘alayhi wa sallam. However, the basis for being deserving of this share was poverty and wont. Thus, those relatives who were poor were rightfully deserving of the fifth. We learn from this that Sayyidah Fatimah and Sayyidina ‘Ali radiya Llahu ‘anhuma would receive shares from the fifth due to their poverty. Owing to the affluence of the other three daughters and their husbands, they would not receive a share. The ahnaf ‘ulama’ have mentioned two forms of proof for this.

One is the practice of the rightly guided khulafa’ who would only give a share of khums to the poor relatives of Rasulullah salla Llahu ‘alayhi wa sallam and not to the affluent ones. ‘Allamah Badr al Din al ‘Ayni rahimahu Llah in Sharh Hidayah has mentioned the following text in this regard:

ثم قسم ابو بكر و عمر و عثمان و على رضى الله عنهم ثلاثة اسهم سهم لليتامى و سهم للمساكين و سهم لابناء السبيل و كان ذلك بمحضر من الصحابة و لم ينكر عليهم احد فحل الاجماع و كفى بهم قدوة

Thereafter, Abu Bakr, ‘Umar, ‘Uthman and ‘Ali radiya Llahu ‘anhum divided it into three shares viz. one third for the orphans, one third for the needy and one third for the wayfarers. This was unanimously decided by the gathering of Sahabah and no one objected. Thus consensus was reached and they are sufficient as leaders.[1]

 

Abu Bakr al Jasas al Razi rahimahu Llah has written in his book Ahkam al Qur’an that a person asked Imam Muhammad al Baqir:

ما فعل على بسهم ذوى القربى حين ولى فقال سلك به سبيل ابى بكر و عمر … قال ابو بكر الجصاص لو لم يكن هذا رأيه لما قضى به … فثبت ان رأيه و رأيهما كان سواء فى ان سهم ذوى القربى انما يستحقه الفقراء منهم و لما اجمع الخلفاء الاربعة عليه ثبتت حجته باجماعهم لقوله صلى الله عليه و سلم عليكم بسنتى و سنة خلفاء الراشدين من بعدى

“What did ‘Ali do with the share of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam when he was appointed as khalifah?” Imam Muhammad al Baqir replied: “He treaded the path of Abu Bakr and ‘Umar.” Abu Bakr al Jasas says: “Had this not been his opinion, he would have not judged according to it. Thus it is evident that his opinion and their opinion was the same that only the poor among the relatives deserve this share. When the four khulafaʼ have reached consensus upon it, it serves as a proof, on account of the saying of Rasulullah salla Llahu ‘alayhi wa sallam : “Hold firmly to my sunnah and the sunnah of the rightful guided khulafaʼ after me.”[2]

 

Ibn Humam has in Fath al Qadir narrated an incident that a man asked Imam Muhammad al Baqir as to the practice of Sayyidina ‘Ali radiya Llahu ‘anhu regarding the share of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam when he was the judge and khalifah to which Imam Muhammad al Baqir replied:

سلك به و الله سبيل ابى بكر و عمر

By Allah! He followed the path of Abu Bakr and ‘Umar.[3]

 

He did not make up his own way, and would give a portion of khums to the needy and poor of his family and not to the rich.

 

Secondly, the statement of Sayyidina ‘Ali radiya Llahu ‘anhu is an authentic narration. In the time of Sayyidina ‘Umar radiya Llahu ‘anhu, when a fifth was taken out from the booty and it was told to Sayyidina ‘Ali radiya Llahu ‘anhu, “Here is the right of the relatives of Rasulullah salla Llahu ‘alayhi wa sallam,” Sayyidina ‘Ali radiya Llahu ‘anhu replied:

ان بنا العام عنه غنى و بالمسلمين اليه حاجة

We are not in need of it this year. Other Muslims are in need of it.[4]

 

These clear narrations make it evident that the relatives who were poor and needy were given a share from khums. Due to this, the only daughter of Rasulullah salla Llahu ‘alayhi wa sallam to be given was Sayyidah Fatimah radiya Llahu ‘anha and her husband Sayyidina ‘Ali radiya Llahu ‘anhu because of their poverty. The other daughters and their husbands were not in need and were rather affluent; hence they were not given from the khums.

Now to use this to establish that Rasulullah salla Llahu ‘alayhi wa sallam had only one daughter and to substantiate it by the distribution of khums is totally erroneous. The Shia have given a wrong shade to this and used it as a proof which is not correct from any angle. The readers should also be aware that the issue of the share of the relatives has been discussed in Ruhama’ Baynahum (Siddiqi section) which may be studied for further details.

 

NEXT⇒ Speculation 6: The Call to Mubahalah


[1]‘Ayni Sharh Hidayah vol. 2 pg. 835 – Kitab al Siyar

[2]Ahkam al Qurʾan by Jasas vol. 3 pg. 78 – The chapter concerning the distribution of khums.

[3]Fath al Qadir vol. 4 pg. 329 – Kitab al Siyar

[4]Musnad Imam Ahmed vol. 1 pg. 84, 85 – The musnadat of ‘Ali radiya Llahu ‘anhu

Abu Dawood vol. 2 pg. 61 – The discussion of the recipients of the distribution of khums.

Kitab al Kharaj by Imam Abu Yusuf pg. 20 – The chapter regarding distribution of booty.

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