Someone asked Imam Ja`far as-Sadiq about a group of people who are prosperous while their Muslim brothers are in severe need. Is it right for the rich people to eat and drink satisfactorily while their brothers are hungry, specially during the difficult days? The Imam said, "Surely a Muslim is brother of a Muslim; he does not oppress his brother, neither abandons him nor deprives him. The Muslims are obliged to work hard for their brother, to relate to him, to help him, and to be charitable towards the needy people."

Khums is one of the obligatory taxes imposed by Islam upon its followers.

"Khums" literally means "one-fifth or 20%". In Islamic legal terminology, it means "one-fifth of certain items which a person acquires as wealth, and which must be paid as an Islamic tax". The Qur'an mentions it in the following verse:

Know that whatever of a thing you acquire, a fifth of it is for Allah, for the Messenger, for the near relative, and the orphans, the needy, and the wayfarer...(8:41)

"The History of Khums:

Khums is one of those things which were introduced by `Abdu 'l-Muttalib, the grandfather of the Prophet, and continued in Islam. Acting upon a command of God given to him in dream, when `Abdu 'l-Muttalib rediscovered the well of Zamzam, he found in it many valuable things, which were buried in it in very remote past by the Ismailites when they feared that their enemies would usurp them. When `Abdu 'l-Muttalib found that buried treasure, he gave away its one-fifth (literally, khums) in the way of God and kept the remaining four-fifth to himself. Then it became a custom in his family; and after the hijrah of the Prophet, the same system was incorporated in Islam. Thus the first khums was not given from the 'spoils of war', but from a buried treasure (which is one of the seven items eligible for khums.)

In these days of Imam’s (a.s.) concealment, the Sehme Imam (a.s.) portion of Khums has been designated for a Mujtahed holding the required qualifications. He decides the use of the revenue received, and he has the sole power to grant permission of two types; a payer is allowed to use certain percentage of Sehme Imam from his own liability to Khums, for the prescribed purposes; or, a person is appointed to collect Khums from the believers and then dispense with it, partly or fully in the manner prescribed. The former is a mere Ijazat, restricted in every sense. The latter is a Wakalat coupled with Ijazat, at times restricted and at times not, in every case, it is the Mujtahed’s prerogative. 

As far as our Khoja Shia Ithna Asheri Community in East Africa is concerned, individuals holding Ijazat are known to have existed since the times of Marhum Ayatullah Syed Abul Hasan Isfehani (d. 1945) and Marhum Ayatullah Syed Husain Burujardi (d. 1960). In fact, the latter had sent his Wakils from Iraq to East Africa, and had also appointed certain reliable pious Momineen locally to perform the work. 

At the Federation level, the first instance of obtaining Wakalat from the Mujtahed occurred during the time of Marhum Ayatullah Syed Muhsin El Hakim, (d. 1970) when the then President of the Federation of Africa, Marhum Haji Ebrahim H. Sheriff approached him for the purpose.

I must add that this was our new history in the making, for Haji Ebrahim faced with unbridled opposition when he first announced his intention to seek the Wakalat for the Federation, at Voi, Kenya, where delegates from Mombasa (Kenya), Moshi (Tanzania) and Arusha (Tanzania) had assembled to discuss the merits of various proposed changes to the existing constitution. But in spite of the opposition, which at times turned pernicious and enduring, he remained firm, determined and undaunged. 

Marhum Haji Ebrahim (d. 1964) as we all know, was a pious, God-fearing man; he evoked respect and trust from anyone who chanced to meet him. Marhum Ayatullah El-Hakim granted him permission to spend 66% of the Sehme Imam (a.s.) for Tabligh and other associated religious purposes, and appointed him as an authorized Wakil. Thus, a new era in our Community had dawned. Individuals, families and traders who were hitherto averse to paying Khums, became conscious and inclined. 

Writes Marhum Mulla Asgher, “In 1961, I established my Optical business in Arusha, and lived there for a couple of months. I can distinctly remember Marhum Haji Ebrahim walking with a pile of correspondence in his hands towards the Council Secretariat on Goliondoi Road. As he passed by my shop, which happened to be on the same road, he would make a brief halt, and beckon me to follow. At the Secretariat, I acted as an honourary helper, reading Urdu, Persian and Arabic letters for him, and drafting replies as he dictated. Those were my formative years, where I had my first brushing through the Community affairs. 

One fine morning, I saw Marhum Haji Ebrahim deeply emotional, obviously unsettled and disturbed. This was quite contrary to his usual calm and composure; but I did not dare ask him anything. Days rolled by before I learnt from sources close to him that a letter from Ayatullah El-Hakim had arrived from Najaf, reducing the percentage from 66% to 50%. Haji Ebrahim wanted to deal with the new development in utmost secrecy, and, therefore, he chose to answer the letter himself, appealing Ayatullah to revise his decision. An answer from Najaf reiterated the stand taken by Ayatullah El Hakim, and at the same time, reassured Haji Ebrahim of full confidence. Clearly, it was a matter of the Mujtahed’s prerogative. 

In 1962, the Supreme Council of Africa Federation, met at Moshi (Tanzania). From the chair, Haji Ebrahim read a letter received from an influential gentleman in Zanzibar, warning him that since he had begun dabbling with Khums, therefore, he would end up in the hell. It was an emotional outburst, followed by a severe and disabling headache, forcing Haji Ebrahim to handover the chair to the Vice-President, Haji Mohamedali Sheriff. During that session, the Council decided to write to Ayatullah El-Hakim, enumerating three important issues: 

(a)    that the Council, representing the entire Khoja Shia Ithna Asheri Community in Africa, expressed its full confidence in Haji Ebrahim, in his capacity as the President, and also as the Wakil of Ayatullah; 

(b)   that the Council appeals to Ayatullah not to grant Wakalat to anyone else in Africa; thus making Haji Ebrahim the sole Wakil; 

(c)    that the Council earnestly requested Ayatullah to visit Africa. 

I remember to have drafted the letter during the session, which was attested by the signatures of the Councillors present. To this letter, Ayatullah made a pertinent reply. While acknowledging Haji Ebrahim as his trusted Wakil, he asked the Community to put its own house in order. It was for the Community to educate its members not to apply for individual Wakalats, and then he added that eye-opening bottom line: ‘the award of Wakalat was his prerogative’.”

THE DISTRIBUTION OF KHUMS

According to the verse of khums, this Islamic tax is for (1) Allah, (2) the Messenger of Allah, (3) the near relative of the Messenger, (4) the orphans, (5) needy, and (6) stranded traveller.

The first two shares are clear: they belong to Allah and Prophet Muhammad respectively. The third share, that of "the near relative" belongs to the infallible Imam of the time. The latter three shares belong to those of the Hashimite family who are orphan, needy and stranded traveler.

Obviously, Allah does not come in person to take His share of khums; therefore the Prophet, as Allah's representative on this earth, used to receive both his own share of khums and that of Allah.

What is to be done with the Prophet's share after his death?

According to the Shi`ah view, after the Prophet's death, the shares of Allah and the Prophet belong to his rightful successor. And the present rightful successor of the Prophet is Imam Muhammad al-Mahdi (upon whom be peace).

Since the Present Imam, besides owning his own share as "the near relative," is also the rightful owner of Allah's and the Prophet's shares of khums, the first half of khums is commonly known as "sihmu 'l-Imam -- the share of the Imam".
 

The second half of khums is for the orphan, the needy and the stranded traveler from the Prophet's family, that is, the Hashimi. A Hashimite is the one who, from his father's line, is a descendent of Hashim, the great grandfather of the Prophet.

However, the Hashimites who descend from Fatimah, the daughter of the Prophet, have preference over other Hashimites. Since the descendants of Fatimah are commonly known as "sayyid, pl. sadat," the second half of khums is known as "sihmu 's-sadat -- the share of the sayyids".

WHERE SHOULD THE SIHMU 'L-IMAM GO?

During the Presence of the Imam:

The first half of khums is the share of the Imam. During the presence of the Imams, the sihmu 'l-Imam as well as the sihmu 's-sadat was given to them directly or to their specially appointed agents. The Imam, as the head of the sadat, was also responsible for distribution of sihmu 's-sadat among the sadat.

The Imams, since Imam Ja`far as-Sadiq's days, had also initiated the system of wikalah (deputyship) whose function, among other things, was to collect the khums and bring it to the Imam or distribute it according to his instructions.

The fact that khums as an annual tax on the Shi`ahs in general was wajib at all times can be seen from the followings: Once a Shi`ah from Persia wrote to Imam `Ali ar-Riza (a.s.) asking to be exempted from paying khums. The Imam did not approve his request and wrote: "...And the khums is a help to us in [promotion of] our religion, [upliftment of] our family, and our followers...Do not deprive yourselves of our prayers as long as you can because paying [the khums] is the key to sustenance, the forgiveness for your sins...Was-salam." (Al-`Amili, Wasa'ilu 'sh-Shi`ah, vol. 6, p. 375-376.)

Muhammad bin Ja`far al-Asadi wrote to Imam al-Mahdi (a.s.). Imam al-Mahdi (a.s.) answered, "As for what you have asked about the issue of a person using our property without our permission, then he should know that whosoever does so is cursed and [on the day of judgement] we will be his opponent...And whosoever devours anything from our property [without permission], he is actually devouring fire and will surely reach the Hell." (Ibid., vol. 6, p. 377.)

So khums was always wajib and collected by the Imams directly or through their wakils.

During the Ghaybat of the Imam:

At the present time, our Imam, Muhammad al-Mahdi (upon whom be him), is in occultation; and he has not even appointed anyone as his special agent. So what should be done with his share of khums?

All `ulama' of our time are unanimous in saying that during the period of occultation, the share of the Present Imam must be used for the causes with which the Imam would agree. Therefore, according to all our present `ulama', sihmu 'l-Imam must be handed over to the most learned and trustworthy mujtahid or be used in the way authorized by such a mujtahid. The condition of religious knowledge and trustworthiness are important to guarantee the right use of sihmu 'l-Imam.

It is an individual's responsibility to transfer the sihmu 'l-Imam to the mujtahid. If it is given to the representative of the mujtahid, then the responsibility will shift from the khums-payer to the representative. (For example, if the representative loses the money before it reached the mujtahid, then the khums-payer is no longer responsible for that.)

If a trustworthy person who is not a representative of the mujtahid agrees to take the sihmu 'l-Imam to the mujtahid, then, in case of being lost, the responsibility will not shift from the khums-payer to that person: either the messenger should make up the loss or the khums-payer has to pay again. In the latter case, the khums-payer may request the mujtahid to exempt him for that year.

HOW IS THE SIHMU 'L-IMAM USED?

The most important causes for which the sihmu 'l-Imam is used presently are the following:-

1.      Providing the necessary expenses of the poor and needy Shi`ah Ithna-`Asharis; it may also be used by the mujtahid during natural disasters like earthquake, famine, war, etc;

2.      Propagating the religion of Islam to the believers as well as the non-believers;

3.      Providing the household and academic expenses of the `ulama' (the religious scholars) who dedicate their life and efforts in teaching and preaching the religion of Islam to the people.

4.      Providing the expenditure of religious establishments, religious schools, teachers and students.

Syed Muhammad Rizvi writes in his book in Khums: I would not be wrong in saying that most of the sihmu 'l-Imam does not even reach to the mujtahids themselves, rather it is used, with their permission, in various parts of the Shi`ah world. Many, if not most, religious and charitable works being done by the Shi`ahs in the West today are from sihmu 'l-Imam.

C. THE SIHMU 'S-SADAT

1. DURING THE PROPHET'S TIME:

The fact that the Prophet used to give the khums to his Hashimite relatives exclusively is beyond any doubt.

Although the Qur'anic injunction about the relatives of the Prophet is very clear and is also supported by the sunnah of the Prophet, unfortunately, there arose a great difference of opinion among the Muslims after the Prophet's death. Obviously, the people in power did not want the Ahlu 'l-bayt to get access to the khums. This policy of depriving the Ahlu 'l-bayt of their right has continued since with a short break during the reign of `Umar bin `Abdu 'l-`Aziz who decided to give at least some of the khums to the Banu Hashim. 

HOW IS SIHMU 'S-SADAT DISTRIBUTED?

In keeping with the Qur'anic injunction and the sunnah of the Prophet, the Shi`ah law says that the second half of khums is the share of the Hashimites, preferably the sayyids who descend from Fatimah (peace be upon her and her father).

The sihmu 's-sadat can be given to the following Shi`ah Ithna-`Ashari sayyids:-

1.      those orphans who are poor;

2.      those who are poor and needy;

3.      an ibnu 's-sabil, that is, a traveler who has no money to continue his journey back to his home, provided his journey is not for any unlawful purpose.

However, it is not permitted to give khums to a sayyid whom you know will spend any of it in a sinful act. It is also better not to give khums to a sayyid who publicly leads an immoral life like drinking alcohol, etc.

You can give the sihmu 's-sadat to a deserving sayyid directly without channeling it through the mujtahid. 

IS KHUMS: A CHARITY OR A DUTY?

Khums and zakat come under the category of duty therefore, it should never be looked upon as an act of charity. Rather, it is a duty, an obligation which must be fulfilled whether one likes it or not. In fulfilling this obligation, you must train yourself to pay khums and zakat with the intention of seeking the pleasure of Allah. It should be done fi sabili 'l-lah.

Doing a deed is one thing but its acceptance or rejection by Allah is something else. The former does not guarantee the latter. It is the motive which will be crucial in acceptance or rejection of one's deed. To use khums, whether on a personal or organizational levels, as a leverage to promote oneself is very detrimental to the spirit of  khums.  We must be concerned on  the emphasis put on accrediting as 'donors' the persons or organizations who give khums for valid Islamic causes. They should take a moment to think whether the sihmu 'l-Imam which they are giving is owned by themselves or Imam Mahdi (upon whom be peace)? If it belongs to the latter, then why insist on getting credit for it as the donor? If any acknowledgment is to be made, should it not go to the Imam?

Another issue is that of pride, or I should say arrogance, in giving khums. There are some who give khums on a regular basis (may Allah increase their numbers), but have also become victim of `ujb. `Ujb means a sense of self-righteousness in which one looks down upon others. Such people think that they are the only ones who pay khums!

One should be aware that every country or group of people goes through financial ups and downs. If, today, you are financially on a good footing and give khums, while others are on the receiving end -- this does not mean that those who receive khums have been the same during all times in their history! The best case in our time is India. Syed  Muhhammad Rizvi writes “After the British colonization of that country, in particular after its independence, the Muslims of India have gone through a very difficult financial crisis. The Shi`ahs have suffered even more. Their present plight should not be taken as a sign that they have always been at the receiving end of charity. There was a time not long ago when the Shi`ahs of India (especially during the Shi`ite Oudh sultanate in North India) were the main financial supporters of the centers of learning in Iraq. (See, Cole, J.R.I, "'Indian Money' and the Shi`i Shrine Cities of Iraq, 1786-1850," Middle Eastern Studies, vol. 22 (1986) No. 4, pp. 461-480.) The Shi`ahs in the Oudh and even in the southern sultanates of pre-British India had contributed greatly to the growth of their faith and community in that part of the Muslim world.”

Let us learn to give khums without injuring the feelings of the recipients. Allah says, "O you who believe! Do not nullify your charity by reproach and injury (to the recipient), like the person who spends his wealth to show it to the people..." (2:264)

What about the 80%??

Whenever we think of a worthwhile project, we immediately look at the sihmu 'l-Imam as the first and the main source for financing that project. It seems we are gradually forgetting how to give from the remaining 80% of our excess wealth towards worthwhile causes, and are getting into the habit of depending on khums!

Some of us think that giving some money in charity from time to time absolves them of their duty. Such people apparently do not realize that not paying khums, zakat or fitrah (which are obligatory dues) amounts to misappropriation of the money, which rightfully belongs to the Imam (peace be upon him) and the needy, orphan and poor people.

Khums dena Mawaddat ki shart hai

Na dena, Misle fadaq hai gunah

Haqqe Sadaat o Zahra ke makrooz se

Tabarra jab suni to hasin aa gayi.

To get the feeling of how Imam `Ali (peace be upon him) looks upon the misappropriation of such funds, I would like to quote some parts of a letter which he wrote to one of his officers about the latter's misappropriation of the public fund. While reading the letter, keep the fact in your mind that the officer addressed in this letter was apparently a cousin of Imam `Ali (a.s.). I would specially like to draw the attention of the respected wakils of the mujtahids of our time to this letter.

Imam `Ali bin Abi Talib wrote:

"As soon as it was possible for you to misappropriate the ummah's trust, you hastened to turn around and attack (them), and made a swift leap to snatch away whatever you could from their property meant for their widows and their orphans as a wolf snatches a wounded and helpless goat. Then, you happily loaded it off to Hijaz without feeling guilty for having misappropriated it...It was as though you were sending to your family what you had inherited from your father and mother!

"Glory be to Allah! Do you not believe in the Day of Judgement, or do you not fear the exaction of account? O' you who were considered by us among the men possessed of mind, how can you enjoy food and drink when you know that you are eating the unlawful and drinking the unlawful.

You are...marrying women with the money of the orphans, the poor, the believers and the mujahidin to whom Allah has dedicated this money...Fear Allah and return to these people their properties. If you do not do so and Allah grants me power over you, I shall excuse myself before Allah and strike you with my sword with which I did not strike anyone but that he went to Hell.

"By Allah, even if Hasan and Husayn had done what you did there would have been no leniency with me for them and they could not have won their way with me till I had recovered from them the right and destroyed the wrong produced by their unjust action. I swear by Allah, the Lord of all beings, that I would not be pleased to regard the people's money which you have appropriated as lawful for me and to leave it to my successors by way of inheritance.

"Mind yourself and consider for a while as though you had reached the end of life and had been buried under the earth. Then your actions will be presented to you in the place where the oppressor cries 'Alas' while he who wasted his life yearns for return (to the world), but time was none to escape. (38:3) " (Razi, Nahju 'l-Balaghah, Letter No. 41.) 

Point to ponder

With the above background (you will need to make a point) that it Is better to channel your  khums through an organization which is accountable, knowledgeable and trustworthy. Why should we channel it through other venues when we have our own structures from which we get accounts, ask questions and get reports.

In these days, you will observe the WF team talking about the work that has been done. That the WF has collected and spend nearly $75 million dollars in the last 25 years and can give you reports for every penny collected. AF has collected and spent approximately US$ 25 million dollars in the last 25 years. This is excluding the Indian Ocean Islands.

Sadly the WF and AF have received less than 20 % of the total Khums by the Community. I wonder if we have any report or the accounts of the remaining Khums of US $ 400 million collected and distributed by individuals

Why?? How much more could be done?? Who stands by the Khojas in their hour of need?  The WF spent close to a million dollars for the earthquake in Kutch. How much of that came from outside?? Ask them and they will tell you that less than 1% came from non Khojas. While of the 75 million dollars spent by WF, more than half was amongst the Sadaat and other non Khoja Shias.

We need to wake up. We need to remove our cobwebs, we need to stop looking personalities in a certain dress and look at the work and the projects.

CONCLUSION
Is it not time that we wake up to the realities of the situation and as Aga Hakim said 'put our own house in order?? Should we not be helping ourselves by working through our own institutions like the regional council, AF and WF? Our unity as a community can only be manifested in the strength of our organizations. Let not our egos drive us into weakening our community.

For how long are we going to remain as tools of those who for their personal interests think nothing but about dividing us. I remember, Marhum Mulla once saying ke A ekaj kom chee ke paisa daine gado khawani himmat dharawe che.!!"

I challenge each and every member of the community to channel their khums through the established institutions and demand full transparency and accountability. 

I urge the individual Wakils of Agha to swallow their pride and relinquish their Ijaza and work with their institutions. 

From the grassroot level to the top brass of the community level thinking has to be changed for the sake of unity of the community, development of our community and serve Islam in the right perspective to earn the pleasure of Allah (Swt) and fourteen masumeen (A.S) 

WASSALAAM                                                                     22^nd February 2003 

You may wish to quote this too. 

“In my meeting with Ayatullahi Udhma, Syed Ali al-Hussaini Seestani in Najaf (Iraq) during third week of April, 2000, he requested me to convey the following message to Khoja Shia Ithna Asheri Community: 

1. Maintain Unity of the Community under all conditions and situations and at the same time respect each other.

2. Under no circumstances be partial and praise or elevate someone to which that person does not
   deserve.

3. Do not criticise or find faults in others because of personal dislikes, as it will only create discord and friction in the Community. One should keep away from accusing others of misdeeds.

Sheikh Zafar Abbas Malik - London (U.K.) ”

Secretariat