The Sihmu 's-Sadat
Adopted from the Book : "Khums; An Islamic Tax" by : Sayyid Mohammad Rizvi
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.1 Even the decendents of Hashim's brothers ('Abd ash-Shams and Nawfal) were excluded from the khums.
Jubayr bin Mut'im ( a decendent of Nawfal ) and Uthman bin `Affan ( a decendent of `Abd ashShams ) were not given anything from the khums of Khaybar. Both came to the Prophet and complained, "0 the Messenger of Allah! You have given [the khums] to Bani al-Muttalib but left us out although we and they are equally related to you." The Prophet said, "The Bani al-Muttalib and Bani Hashim are one and the same."2
2. After the Prophet's Death :
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 'lbayt 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.3
3. 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 'ssabil, 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. Khums can be given to such a sayyid to continue his journey even if he is a wealthy person in his own town.
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 'ssrliit to a deserving sayyid directly without channeling it through the mujtahid. According to Ayatollah alKhil'i, you do not even need to ask for his permission in distribution of sihmu 'ssticliit. Although Ayatollah al-Gulpaygani believes that even sihmu 'ssädtit must be channeled through the mujtahid, he has given a general permission to all those who follow him to distribute sihmu s-sadat directly.
Notes :
1 At-Tabari, Tafsir, vol. 13 ( Cairo: Daru 1-Ma'arif, 1958 ) p. 553556; Ahmad al-Jassãs, Ahkámu 7Qur'an, >vol. 3 ( Beirut: Daru 1Kitabi 1`Arabi, 1916a ) p. 61, 65; Abu Ubayd,A1Amweil, pp. 136138.
2 Bukhari, Sahihu 'IBukheiri, vol. 4, p. 240; vol. 5, 375. Also see at-Tabari, Tafsir, vol. 13, p. 556, al-Amwal, p.137.
3 At-Tabari, Tafsir, vol. 13, pp. 556-559; al-Hakim, Mustadrak, vol. 3, p. 442; For more refrences on this issue, see al-Amili, As-Sahih fi Sirah, vol. 3, pp. 318-321.