Mouood Mouood English Edition
4- Another objection that he made, in his assumption, to Hadith is that how could Imam legislate and say that I ordain an extra Khums on you in that special year, while we know that legislation is only exclusive to Allah and Prophet (S) can only announce that and the duty of Imam (a.s.) is to maintain and propagate the religion, not legislation or canonization and making new laws.
But this caviler has forgotten a clear point because of his limited knowledge that there are lots of differences between “legislation” and “order of governor”;Islamic government and the leader of this government [Imam (a.s.)] have the right to issue special orders temporarily in extraordinary cases, and order all people to perform a special duty, consisting of financial or non-financial matters, or prohibit a Halaal (permitted) matter temporarily for some special goals; this authority is not only exclusive to Imam (a.s.) and Faqihs and religious governors also have this right, and the extraordinary conditions of prohibiting tobacco by Ayatollah Shirazi, in that special conditions that the goal of this order was to fight economical corruption of Britain, is one of its example’ and this is one of the signs of motivity and formative attributes and liveliness of Islamic laws that had gave such authorities to Islamic government and religious governors for special and emergency conditions and therefore as soon as that extraordinary condition is ended, that order also invalidates and it is not like main laws of Islam which are eternal and infinite.
Accordingly, we see that Imam (a.s.) says about the first Khums: “This is exclusive for this year and it has a reason which I do not want to explain because of some conditions. (Surely, this is the extraordinary condition which has happened for Shiites about financial issues by entering Imam to Baghdad)”. But he says about the second Khums: “This law is forever and Muslims should pay it every year”.It was so good that this caviler did not go to judge alone, And at least contacted with a knowledgeable person to hear the answers of his question, in order not to waste the time of himself and the others.
From this matter it clears that why Imam (a.s.) had necessitated the first Khums which had been extraordinary in gold and silver which one year had past them. Because as we said issuing this ruling was by using the authorities of religious governor and this should follow the amount of needs.
Imam had observed that the extraordinary need which had happened to Shiites had been covered by this much of Khums; therefore he had limited that to this amount.
More funny of all is that this caviler has assumed that there is a contradiction between beginning and the end of this cabbala, in the beginning he says that I take Khums only from gold and silver and at the end he denies his words.
While there is no contradiction, the only problem here is the ignorance of caviler, because as we said before that Khums in the beginning of cabbala is temporary and extraordinary and had issued by the authorities of religious governor and another Khums is at the end of cabbala is one of permanent and eternal Islamic laws.
And if we see that he had referred to the verse of advantage in the second part, it is according to the same reason.
More amazingly, Imam has interpreted advantage ( غنیمت) clearly by its vast meaning, and has known it consisting of all incomes, but again caviler has acted as he is completely deaf and has ignored all of that.
Another objection or we should better say excuse, which has been said about this Hadith and it is another evidence of insufficiency of caviler’s knowledge is that he says: “Imam Javad (a.s.) had past away in the year 219, how it is possible that he had issues this order in the year 220 as it has been mentioned in the text of Hadith?”
The answer to this objection clears by referring to famous historical texts of Shi’aa and famous Hadith books, because “Sheikh Mufid” affirms in the book“Irshad” in hagiography of Imam Javad (a.s.) that his holiness had past away in the year 220.
It is written in the book “Usul Al-Kafi”:
He was born in Ramadan in the year 195 and past away in ends of Zul Qa”da the year 220.12
And it is written in the book “Kashf Al-Qumma” that, his holiness went to Baghdad in the year 220 and he past away in ends of Zul Qa’da in the same year.
And according to the quote of the book “Muntakhab” from the books “Doroos” and“A’lam Al-Wara” and “Managheb” and “Ithbat Al-Wasiyyat” by Mas’oodi, all these books have mentioned the year 220 as the date of departure of his holiness and also his departure has been mentioned the year 220 in the book “Wafiyat Al-A’yan” and expressing the date of departure of his holiness in the year 219 considers as a weak evidenced expression.
The year of departure of his holiness also has been mentioned the year 220 in the book “Tarikh Mawaleed and Wafiyat Ahlul Bayt Al-Nabi” by “Ibn Khashab”(according to the quote of Bahar).
Therefore, it is strongly logical that we say his holiness has past away in the ends of the year 220, and few months before had issued that order.
Indeed it is amazing that as person ignores all of these famous books and only refers to a weak cabbala that expresses the date of departure of his holiness in the year 219; could this act have a reason other than ignorance or evil intention?!
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It clears from the things which we said that the cabbala of “Ali ibn Mahzyar” is one of cabbalas that has no place for objection about its evidence or implication, and objections which have arisen about this mostly have been due to lack of knowledge or obstinacy and partiality.
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5- Another cabbala which is considerable about the evidence and also implication and proves Khums in all incomes is the cabbala of “Sama’a ibn Mehran” from Imam “Mousa ibn Ja’far” (a.s.):
I asked Imam Mousa ibn Ja’far about Khums; he said Khums is all benefits that people gain from little to many.13
But unfortunately that caviler assumed that he can invalidate this Hadith by delusive objections:
Sometimes he says that Sama’a had past away in the time of Imam Sadiq (a.s.) and how could he quote a Hadith from Imam Mousa ibn Ja’far (a.s.).
While scholars of Rijal have affirmed that he has quoted several cabbalas from Imam Mousa ibn Ja’far (a.s.) and today these cabbalas are available in our Hadith books.
Moreover, scholars of Rijal said that “Sama’a” had been Vaghefi beside his truthfulness and reliability; it means that he was one of persons who had stopped about leadership after Imam Mousa ibn Ja’far (a.s.), how it is possible that a person to be Vaghefi and die in the time of Imam Sadiq (a.s.)? It is funny that caviler himself has confessed that Sama’a had been Vaghefi and still says that he had died in the time of Imam Sadiq (a.s.).
Maybe he didn’t notice the meaning of the word Vaghefi, unless how it is possible that a person expression such a contradiction?
Yes, it is said in a weak cabbala that Sama’a had past away in the time of Imam Sadiq (a.s.) but as the late Allame Ardabili has written in the book “Jame’Al-Rovat” in the biography of Sama’a this cabbala is from fabricated ones.
But if maybe there is no expression more explicit than this cabbala in implication about the generality of Khums, this caviler says:
“Asker had asked Imam from Khums, it is not clear that which kind of Khums he had asked about; is it from spoils that people should pay its Khums from anything that they gain or is it the Khums of mines and treasures and diving into the sea and like them, or benefits of businesses and industries”.
But while the word “Khums” has been mentioned in question in its definite way and Imam has said in the answer explicitly that Khums is obligatory in all the things that gives benefit to people from little to many, we do not know that where could this person find these baseless possibilities, and how he connected them to this Hadith and he did not thought that if anyone see his writing, that person will blame him for this obstinacy.
1. Hadith 1, chapter 8, from chapters of Khums in Wasael Al-Shi’aa, vol. 6.
2. Hadith 3, chapter 8, from chapters of Khums in Wasael Al-Shi’aa, vol. 6.
3. Fourth Hadith, chapter 8 in Wasael Al-Shi’aa, vol. 6.
4. They were a group of people called Khorramiyya or Khorram-Dinan who believed in reincarnation and pornography (considering Haraam acts as Halaal).
5. Fifth Hadith from chapter eight of Wasael Al-Shi’aa, vol. 6, page 349.
6. Printed Leyden publishing company, vol. 11, page 1165, in incidents of the year 218, two years before the issue of above order by Imam (a.s.)
7. Tabari history, vol. 7, page 224, printed in Cairo
8. Complete history of Ibn Athir, vol. 5, page 233, printed in Dar Al-Ketab Al-Arabiyya.
9. Dehkhoda dictionary, under the word“Babak Khorram-Din”, page 11.
10. Rijal Kashi, page 449.
11. According to quote of Bahar Al-Anvar, vol. 50, page 322.
12. Usul Al-Kafi, vol. 1, page 492.
13. Wasael Al-Shi’aa, vol. 6, page 350.
