Mouood Mouood English Edition
It should be considered that Rekaz (it is pronounced like Ketab) literally means any kind of asset that is placed in earth; and accordingly all mines are called Rekaz; and also all treasures and assets which have been remained in earth from former humans are called Rekaz; and the fact that we see in the Hadith above it has been interpreted to mines of gold and silver is that a kind of clear samples not being exclusive to them.
B) It has been quoted in a Hadith from Anas ibn Malik that: We were in a road with Prophet (S), one of our friends entered to ruins … and he found there a treasure of gold … they weighted that and it was about two hundreds dirhams, Prophet said that it is Rekaz and it is obligatory to pay its Khums.2
C) It has been quoted in Sahih of Muslim from Abu Harira that Prophet (S) said: “فی الرّکاز خمس” (there is Khums in Rekaz). The same matter has been also mentioned in Sahih of Bokhari.3
It has been affirmed in this Hadith which is one of famous Ahadith among Sonnies that there is Khums in Rekaz and as we said and it is understood from its main root and also it has been affirmed in some famous dictionaries like Qamoos, Rekaz has a vast meaning which consists of any kind of asset that is placed and saved in earth, like mines and treasures of former humans that has been buried in lands; and accordingly, some pf Sunni Faqihs like “Abu Hanifa” affirmed that Khums is obligatory in mines and Nisab (minimum needed level or amount) of Zakat is not a condition in this case.4
It has been quoted in the book “Kanz Al-Ummal”, vol. 7, page 65 that Prophet (S) said:
Deep inside the earth, fields and inside the valleys and out of them are all in your hands in order to use their plants, drink their water and pay Khums about them.5
There is no doubt that here, the purpose of Khums is not Zakat of sheep, because Zakat of sheep is not one fifth. Therefore, the purpose is to use these lands and pay the Khums of its income.
It has been quoted in a Hadith in the book “Usd Al-Ghaba” that “Masrooq ibn Wael”came to prophet (S) and became Muslim, and he said I like you to send some people to my tribe in order to invite them to Islam, and please write a letter for them, may Allah guide them all. Prophet (S) ordered to write this letter:
In the name of Allah the Compassionate the Merciful
From Muhammad, prophet of Allah to chieftains of Hadhramut,
Orders them to perform prayer and pay Zakat, Zakat is for animal that pastures in fields and the animal that is taken in house for the need of its owner has not Zakat and Khums is obligatory in “Soyoob” and it is obligatory to pay one tenth in palms which grow without the need of water.6
We will discuss soon about the purpose of Soyoob which Khums is obligatory in it.
We read in another Hadith in the book “Al-Aghd Al-Fareed” that Prophet (S) wrote a letter to Wael ibn Hajr Hadhrami: “From Muhammad Prophet of Allah to chieftains of Abahela …” to the point that said: “and there is Khums in Soyoob”.7
We read in footnote of the book “Al-Aghd Al-Fareed” after quoting the Hadith above that “Soyoob” is plural form of “Sayb” that means assets which had been remained as treasures from the time of ignorance or mines, because they consider as divine gifts.
But we read in “Qamoos” which is one of famous Arabic dictionaries that: Mainly“Sayb” means any kind of gift and benefaction and “Soyoob” is in the meaning of“Rekaz” (treasures and mines).
If we consider “Sayb” in the meaning of any kind of gift and benefaction and the purpose is divine gift and benefaction, it consists of all incomes and according to that Khums should be paid in all of them; and if we consider it as the exclusive meaning of mines and treasures, it also proves that Khums is obligatory in other than spoils of war and it is not exclusive to spoils of war.
1. Sunan of Beihaghi, vol. 4, page 152.
2. Sunan of Beihaghi, vol. 4, page 155.
3. Sunan of Beihaghi, vol. 4, page 155.
4. “Al-Mughani” by Ibn Qudama, vol. 2, page 580, printed in Beirut
5. Makateeb Al-Rasool, vol. 2, page 365, it has been quoted from other evidences.
6. Usd Al-Ghaba, vol. 3, page 38.
7. Al-Aghd Al-Fareed, vol. 2, page 48, printed by Ismaelian.
Khums in Ahadith of Ahlul Bayt (a.s.)
There are lots of Ahadith in main and famous texts of Shi’aa about Khums and the things which Khums applies on them, and the way of consumption and prorating and other rulings have been expressed, that it is impossible to mention all of them in this brief discussion.
About eighty Ahadith in fifteen chapters in the issue of Khums have been collected from famous Shiite books in the famous book “Wasael Al-Shi’aa”.
• Chapter one is about the principle of necessity of Khums.
• Chapter two is about the necessity of Khums in spoils of war.
• Chapter three is about mines.
• Chapter four is about the Nisab (minimum level or amount) of mines which Khums applies on them.
• Chapter five and six are about the necessity of Khums in treasure.
• Chapter seven is about the necessity of Khums in things which gain from the sea by diving.
• Chapter eight is about the necessity of Khums in benefits of business, industries, agriculture and like them.
• And other chapters are about the way of prorating Khums, person who needs to give help from Khums and some other cases of necessity of Khums.
There are ten Ahadith in chapter eight which is one of most important chapters about the issue of the Khums and talks about benefits which are obtained from any kind of business or industries, which most of our Faqihs have issued Fatwas according to them; and Fatwas say that if after one year a person was able to save money from any kind of income in that year, should pay one fifth of this saving after subtracting all costs of the year to Imam or his successor in order to be spent on necessary cases which have been mentioned.
Evidences of these Ahadith have no need to be criticized according to their multiplicity, because we know that if there are lots of Ahadith quoted in one issue in reliable books, it confirms according to all of them that the order of ruling has been issues by Imam and there will remain no place for animadverting about the evidences of those Ahadith.
In other hand, it has been proved in the Usul Science (science of fundamentals) that issuing Fatwa by famous Faqih especially those who were closer to the time of Imam caused confidence about the evidence of Hadith.
