Book ID

In the Name of Allah,

the All-beneficent, the All-merciful

نام کتاب: دور أهل البیت (ع) فی بناء الجماعة الصالحة / ج 5

نویسنده: آیة الله سید محمد باقر الحکیم

تهیه کننده: اداره ترجمه، اداره کل پژوهش مجمع جهانی اهل بیت (ع)

مترجم: بدر شاهین

زبان ترجمه: انگلیسی

Title: The Role of the Ahl al-Bayt (‘a) in Building the Virtuous Community, Book Five: The Economic System of the Virtuous Community

Author: Āyatullāh Sayyid Muḥammad Bāqir Al-ḥakim

Project supervisor: Translation Unit, Cultural Affairs Department Ahl al-Bayt (‘a) World Assembly (ABWA)

Translator: Badr Shahin

Editor: Iffat Shah and Carol Ahmadi

Revised by: Ashraf Carl Eastman Ahmadi

Publisher: ABWA Publishing and Printing Center

First Printing: 2011

Printed by: Mojab

Copies: 5000

ISBN:

© Ahl al-Bayt (‘a) World Assembly (ABWA)

All rights reserved.

www.ahl-ul-bayt.org

info@ahl-ul-bayt.org

قال الله تعالی:

إِنَّمَا یُرِیدُ اللَّهُ لِیُذْهِبَ عَنْکُمْ الرِّجْسَ أَهْلَ الْبَیْتِ وَیُطَهِّرَکُمْ تَطْهِیرًا Indeed Allah desires to repel all impurity from you, O People of the Household, and purify you with a thorough purification. (Sūrat al-Aḥzāb 33:33).

Prophetic traditions mentioned in both in Sunni and Shi‘ah authoritative reference books of ḥadith and tafsir (exegesis of the Qur’an) have confirmed that this holy verse was revealed to exclusively refer to the People of the Cloak [ahl al-kisā’], viz. Muḥammad, ‘Ali, Fāṭimah, al-Ḥasan, and al-Ḥusayn (‘a) as the Ahl al-Bayt (People of the Household).

For instance, refer to the following references:

Sunni

Aḥmad ibn Ḥanbal (d. 241 AH), al-Musnad, 1:231; 4:107; 6:292, 304; Ṣaḥiḥ Muslim (d. 261 AH), 7:130; Al-Tirmidhi (d. 279 AH), Sunan, 5:361 et al.; Al-Dūlābi (d. 310 AH), Al-Dhuriyyah al-Ṭāhirah al-Nabawiyyah, p. 108; Al-Nasā’i (d. 303 AH), Al-Sunan al-Kubrā’, 5:108; 113; Al-Ḥakim al-Nayshābūri (d. 405 AH), Al-Mustadrak ‘ala’ ṣ-Ṣahiḥāyn, 2:416, 3:133, 146-147; Al-Zarkashi (d. 794 AH), Al-Burhān, p. 197; Ibn Hājar al-Asqalāni (d. 852 AH), Fatḥ al-Bari Sharḥ Ṣaḥiḥ al-Bukhāri, 7:104.

Shi‘ah

Al-Kulayni (d. 328 AH), Uṣūl al-Kāfi, 1:287; Ibn Babawayh (d. 329 AH), Al-Imāmah wa’ t-Tabṣirah, p. 47, ḥadith 29; Al-Maghribi (d. 363 AH), Da’ā’im al-Islām, pp. 35, 37; Al-Ṣādūq (d. 381 AH), Al-Khiṣāl, pp. 403, 550; Al-Ṭūsi (d. 460 AH), Al-Amali, ḥadith 438, 482, 783.

For more details, refer to the exegesis of the holy verse recorded in the following books of tafsir: Al-Jassās (d. 370 AH), Aḥkām al-Qur’ān; Al-Wāḥidi (d. 468 AH), Asbāb al-Nuzūl; Ibn al-Jawzi (d. 597 AH), Zād al-Masir; Al-Qurṭubi (d. 671 AH), Al-Jāmi‘ Li-Aḥkām al-Qur’ān; Ibn Kathir (d. 774 AH), Tafsir; Al-Tha‘labi (d. 825 AH), Tafsir; Al-Ṭabari (d. 875 AH), Tafsir; Al-Suyūṭi (d. 911 AH), Al-Durr al-Manthūr; Al-Shawkāni (d. 1250 AH), Fatḥ al-Qadir; Al-‘Ayyāshi (d. 320 AH), Tafsir; Al-Qummi (d. 329 AH), Tafsir; Furt al-Kūfi (d. 352 AH), Tafsir at the margin of the exegesis of Sūrat al-Nisā’ verse 59; Al-Ṭabarsi (d. 560 AH), Majma‘ al-Bayān, as well as many other sources.

THE ROLE OF THE AHL AL-BAYT (‘a)

IN Building THE VIRTUOUS COMMUNITY

BOOK FIVE:

THE ECONOMIC SYSTEM OF THE VIRTUOUS COMMUNITY

قال رسول الله صلی الله علیه و آله:

"إنی تارک فیکُمُ الثَقلین: کتاب الله، وعترتی أهلَ بیتی، ما إن تمسکتُم بهما لن تضلوا أبداً وأَنَّهُما لَن یَفترِقا حتّی یردا عَلیَّ الحوضَ"

The Messenger of Allah (ṣ) said:

“Verily, I am leaving among you two precious things [thaqalayn]: The Book of Allah and my progeny [‘itrati], the members of my Household [Ahl al-Bayt]. If you hold fast to them, you shall never go astray. These two will never separate from each other until they meet me at the Pond [ḥawḍ] (of Kawthar).”

Some references:

q Al­Ḥākim an­Nayshābūri, Al­Mustadrak ‘alā’ṣ-Ṣaḥiḥayn (Beirut), vol. 3, pp. 109-110, 148, 533

q Muslim, Aṣ-Ṣaḥiḥ, (English translation), book 31, hadiths 5920-3

q At­Tirmidhi, Aṣ-Ṣaḥiḥ, vol. 5, pp. 621-2, hadiths 3786, 3788; vol. 2, p. 219

q An-Nasā’i, Khaṣā’iṣ ‘Ali ibn Abi Ṭālib, hadith 79

q Aḥmad ibn Ḥanbal, Al-Musnad, vol. 3, pp. 14, 17, 26; vol. 3, pp. 26, 59; vol. 4, p. 371; vol. 5, pp. 181-182, 189-190

q Ibn al­‘Athir, Jāmi‘ al­Uṣūl, vol. 1, p. 277

q Ibn Kathir, Al­Bidāyah wa’n­Nihāyah, vol. 5, p. 209

q Ibn Kathir, Tafsir al-Qur’ān al-‘Aẓim, vol. 6, p. 199

Naṣir ad-Din al-Albani, Silsilāt al-Aḥādith aṣ-Ṣaḥiḥah (Kuwait: Ad-Dār aṣ-Ṣalāfiyyah), vol. 4, pp. 355-358

THE ROLE OF THE AHL AL-BAYT

IN BUILDING THE VIRTUOUS COMMUNITY

BOOK FIVE: THE ECONOMIC SYSTEM OF THE VIRTUOUS COMMUNITY

AYATULLAH SAYYID MUhAMMAD BAQIR AL-hAK«M

Translator

Badr Shahin

Cultural Affairs Department Ahl al-Bayt(‘a) World Assembly

نام کتاب: دور أهل البیت (ع) فی بناء الجماعة الصالحة / ج 5

نویسنده: آیة الله سید محمد باقر الحکیم

تهیه کننده: اداره ترجمه، اداره کل پژوهش مجمع جهانی اهل بیت (ع)

مترجم: بدر شاهین

زبان ترجمه: انگلیسی

Title: The Role of the Ahl al-Bayt (‘a) in Building the Virtuous Community, Book Five: The Economic System of the Virtuous Community

Author: Āyatullāh Sayyid Muḥammad Bāqir Al-ḥakim

Project supervisor: Translation Unit, Cultural Affairs Department Ahl al-Bayt (‘a) World Assembly (ABWA)

Translator: Badr Shahin

Editor: Iffat Shah and Carol Ahmadi

Revised by: Ashraf Carl Eastman Ahmadi

Publisher: ABWA Publishing and Printing Center

First Printing: 2011

Printed by: Mojab

Copies: 5000

ISBN:

© Ahl al-Bayt (‘a) World Assembly (ABWA)

All rights reserved.

www.ahl-ul-bayt.org

info@ahl-ul-bayt.org

BOOK FIVE THE ECONOMIC SYSTEM

Prelude: A General View of the Topic of Economy

Chapter One: General Economic Legislation of Islam

Chapter Two: Restricted Economic Legislation of Islam

Chapter Three: Economic Activity

Epilogue: Summary

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The Economic System

Prelude

A General View of the Topic of Economy

Point

The economic or financial issue of each community is considered one of the vital constituents of the general system without which no community can endure political and social pressures, evolve, or attain perfection.

As a divine message proposed for the mental and spiritual perfection of man, Islam has paid great attention to the economic and financial aspect. Financial issues generally play an important role in achieving perfection. This fact is visible in the following points:

Significance of the Economic System

A. On various occasions the Holy Qur'an has mentioned zakat (in its general sense almsgiving, and specifically, as an obligation, a tax imposed on Muslims under certain conditions) along with the religious duty of performing prayers, with the purport that these two obligations cannot be separated. Likewise, zakat has been attached to self-sacrifice for the sake of Almighty Allah and has been presented—in the form of spending for the sake of Almighty Allah on the poor, the needy, and the financially distressed, such as the indebted and their like—as one of those acts of obedience to Almighty Allah through which His nearness can be attained.

B. Just as Islam has organized the issues of family; society; one’s relationship with Almighty Allah, nature, and humankind; and other aspects of life so also has it organized the issue of spending, by laying down public and private duties in this domain at the family and individual levels of the virtuous community as well as maintenance of the social and political existence of both the virtuous community and the general public.

C. In the beginning of its existence, the promulgation of Islam rested on substantial funds that were owned by Lady Khadijah al-Kubra (the great), the Holy Prophet’s first wife, who played an extremely great role in saving the mission of Islam in its early stages by standing against a variety of pressures brought on by the polytheists.

D. Because the polytheists assessed the significance of economic aspects at the outset of the advance of the Islamic mission, they laid an economic siege upon its propagation to try to stop it. For instance, they tried to stop the Islamic mission when they blockaded the Muslims in the mountain pass of Abu-Talib (shi`b abi-Talib) and boycotted them economically, using different methods to maintain pressure.

Goals of the Economic System

There are three basic goals of the Islamic economic system when applied to Muslim society in particular and all societies in general:

(i) To ensure the welfare and internal stability of social relations and establish a vital system for spiritual perfection. This depends, to a great extent, on finding proper solutions to the problems of poverty, destitution, helplessness, and iniquitous discrimination in the levels of wages.

(ii) To grant the virtuous community independence and ability to move and progress freely and make correct decisions. Of course, the achievement of this goal depends, for the most part, on economic independence and financial power.

(iii) To establish common social, cultural, and utility services to facilitate the progress of the virtuous community as a political and social entity; to practice cultural, social and defensive activities to defend the entity of the virtuous community and help it achieve its goals.

Ahl al-Bayt’s concept of the Economic System

From the outset the Ahl al-Bayt (‘a) depended upon the genuine view of Islam and its all-inclusive economic concept because Islam, in all its features, includes the Ahl al-Bayt’s concept of building the virtuous community. They emphasized the necessity of observing collective financial duties, as is deduced from their traditions on zakat.

Shaykh al-Saduq, through an authentic chain of authority, has reported `Abdullah ibn Sinan as quoting Imam al-Sadiq (‘a) to have said:

لَمَّا نَزَلَتْ آیَةُ الزَّکَاةِ: {خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَکِّیهِمْ بِهَا} فِی شَهْرِ رَمَضَانَ، فَأَمَرَ

رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، مُنَادِیَهُ فَنَادَی فِی النَّاسِ:

إِنَّ اللهَ، تَبَارَکَ وَتَعَالَی، قَدْ فَرَضَ عَلَیْکُمُ الزَّکَاةَ کَمَا فَرَضَ عَلَیْکُمُ الصَّلاَةَ. فَفَرَضَ عَلَیْکُمْ

مِنَ الذَّهَبِ وَالْفِضَّةِ وَالإِبِلِ وَالْبَقَرِ وَالْغَنَمِ وَمِنَ الْحِنْطَةِ

وَالشَّعِیرِ وَالتَّمْرِ وَالزَّبِیبِ، وَنَادَی فِیهِمْ بِذَلِکَ فِی شَهْرِ

رَمَضَانَ، وَعَفَا لَهُمْ عَمَّا سِوَی ذَلِکَ. ثُمَّ لَمْ یَتَعَرَّضْ لِشَیْءٍ

مِنْ أَمْوَالِهِمْ حَتَّی حَالَ عَلَیْهِمُ الْحَوْلُ مِنْ قَابِلٍ. فَصَامُوا وَأَفْطَرُوا،

فَأَمَرَ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ وَسَلَّمَ، مُنَادِیَهُ فَنَادَی فِی الْمُسْلِمِینَ:

أَیُّهَا الْمُسْلِمُونَ، زَکُّوا أَمْوَالَکُمْ تُقْبَلْ صَلاَتُکُمْ. ثُمَّ وَجَّهَ

عُمَّالَ الصَّدَقَةِ وَعُمَّالَ الطُّسُوقِ.

When in the month of

Ramazan this holy verse was revealed: “Take charity out of their property in

order to cleanse them and purify them thereby, (9:103)” the Holy Prophet (s) ordered

his caller to call out, “O people, Almighty Allah has prescribed for you as an

obligation to pay zakat just as He has prescribed for you performance

of the prayers. Hence, He is imposing on you (a proportion) of gold, silver,

camels, cows, sheep, wheat, barley, dates, and raisins.” The Holy Prophet (s)

announced this to the people in the month of Ramazan excluding other items

(from zakat taxation). However, he did not ask them to pay their zakat

until completion of one complete year. The next year, after they had

observed fasting and broken their fast, He (s) ordered his caller to call

out, “O Muslims, pay out the zakat from your assets so that your

prayers may be accepted.” He then appointed a collector to collect alms and payments.⁽¹⁾

According to another authentic narration, Abu-Basir reported the following tradition.

Some wealthy men were in the presence of Abu-`Abdullah (Imam al-Sadiq (‘a)) in our presence. As they mentioned the zakat, the Imam (‘a) commented:

إِنَّ الزَّکَاةَ لَیْسَ یُحْمَدُ بِهَا صَاحِبُهَا.

إِنَّمَا هُوَ شَیْءٌ ظَاهِرٌ، إِنَّمَا حَقَنَ اللهُ بِهِ

دَمَهُ وَسُمِّیَ بِهِ

مُسْلِماً، وَلَوْ لَمْ یُؤَدِّهَا لَمْ تُقْبَلْ لَهُ صَلاَةٌ.

Payment of zakat is not a source of praise for the payer;

rather, it is something apparent, due to which Almighty Allah saves the

payer’s blood from being shed and grants him the title of Muslim. Hence, the

prayers of the person who does not pay it will not be accepted.⁽¹⁾

The Ahl al-Bayt (‘a) planned the economic system of the

virtuous community, based on the observance of Islamic precepts and common commitments to the Islamic state, because this community is meant to live within the Islamic state and Muslim society.

The Topic of Discussion

In this discussion, we do not intend to thrash out the viewpoint of the Ahl al-Bayt on the economic theory of Islam comprehensively because this topic has been discussed elsewhere⁽¹⁾

The reader is advised to refer to the book of Iqtisaduna (Our Economy) by Ayatollah Martyr Muhammad Baqir al-Sadr, especially part II where the author treats these issues elaborately.

(i) Coordination between the economic system adopted by the governing authorities and the resulting financial duties with the Islamic economic system as applied by the Ahl al-Bayt (‘a). Of course, such combined duties increased the burden and financial commitments of the virtuous community.

(ii) Making available financial resources to cover expenses of development and management of the affairs of the virtuous community in order to provide genuine economic independence, achievement of which was a veritable problem bearing in mind the exceptional circumstances of the Ahl al-Bayt (‘a) and their followers.

The coming discussions will deal with situations and procedures that the Ahl al-Bayt (‘a) adopted to remedy these two problems. Subsequently, some features will be mentioned that characterize the Ahl al-Bayt (‘a) school from a legislative point of view and also procedures adopted in the field of finance. Some distinctive features of the economic system of the virtuous community are as follows:

-social solidarity as an obligation

-khums

-sectors of the society for which the funds of zakat must be used

-the significance of waqf (endowment of property under which the proceeds are to be devoted to a religious or charitable purposes)

-important economic activities including commerce and agriculture

-special contributions

These economic topics will be considered in three chapters:

The first chapter explains general economic legislation by which Islamic states have abided. The second chapter deals with restricted economic legislation of Islam administered by the Ahl al-Bayt (‘a) but by which the Islamic state of the time did not abide. The third chapter discusses economic activies and the Ahl al-Bayt’s attitude towards them.

Chapter One: General Economic Legislation

Point

Blank

Preamble

The Ahl al-Bayt (‘a) instructed their followers to accept and conform to general economic legislation, including commercial transactions and contracts and their financial resultants and commitments. These instructions also dealt with disagreements by jurisprudents about transactions and the degree of obligation towards a certain law. Such differences between the Ahl al-Bayt (‘a) school and other jurisprudential schools are trivial.

Laws regarding transactions and contracts depend upon the Holy Legislator’s consent according to the rationally approvable line of conduct (i.e. al-Sirah al-`uqala'iyyah), with a few exceptions like usury and transactions which include illegal profit about which there is a slight disagreement among the Muslim jurisprudential schools.

According to the Ahl al-Bayt (‘a) school, the Ahl al-Bayt (‘a) are the rightful rulers of the Muslim nation as designated by Almighty Allah. In the field of economic legislation, it might be strange if there were no disagreement among the Muslim jurisprudential schools in spite of being firmly based on the laws of Islam, and strongly related to the interests of the Muslim leadership and the virtuous community.

We will refer to four of the most important rulings in the field of finance and economy by looking at the instructions given to the partisans and followers of the Ahl al-Bayt (‘a) in order to demonstrate the standpoint of the Ahl al-Bayt (‘a) regarding these issues.

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Zakat

Point

Confirmed by the Holy Qur'an and the traditions of the Holy Prophet (s), zakat is held to be the most important legislation in the field of finance. Islam has very accurately delineated private assets owned by Muslims that are subject to this tax. These assets are nine in number and include two monetary standards: gold and silver; four types of produce: wheat, barley, dates, and raisins; and the three types of livestock: camels, cows, and sheep.

Furthermore, Islam has designated the ruler of the Muslim community as the supervisor and custodian of these taxes whose mission is to estimate, calculate, assess, and collect the correct amount of zakat from the owners of these assets. The Holy Qur'an has also regulated the use of these taxes and dedicated them to the following categories that are mentioned in this holy verse:

إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاکِینِ وَالْعَامِلِینَ عَلَیْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِی الرِّقَابِ وَالْغَارِمِینَ وَفِی سَبِیلِ اللَّهِ وَابْنِ السَّبِیلِ فَرِیضَةً مِنَ اللَّهِ وَاللَّهُ عَلِیمٌ حَکِیمٌ

The alms are only for the

poor, the needy, those who collect them, to influence hearts (to belief), to

free captives and debtors, for the cause of Allah, and for the wayfarer—a

duty imposed by Allah. Allah is Knower, Wise. (9:60)

Four major aspects of zakat are as follows:

(i) Significance and origin of zakat

(ii) Items subjected to zakat

(iii) Expenditure of zakat

(iv) Supervision of zakat

Ahl al-Bayt’s view of the significance of zakat

The Ahl al-Bayt (‘a) adopted the same level of emphasis on this religious duty as adopted by other Muslim groups, although among other groups the funds of zakat were often held by unjust rulers.

According to an authentic narration, Muhammad ibn Muslim, Abu-Basir, Burayd, and Fuzayl have reported Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) as saying:

فَرَضَ

اللهُ الزَّکَاةَ مَعَ الصَّلاَةِ.

Almighty Allah has

deemed zakat obligatory along with the (duty of) prayer.⁽¹⁾

According to another authentic narration, Muhammad ibn Muslim has reported Imam al-Baqir (‘a) as saying:

مَا مِنْ عَبْدٍ مَنَعَ

مِنْ زَکَاةِ مَالِهِ شَیْئاً إِلاَّ جَعَلَ اللهُ ذَلِکَ یَوْمَ الْقِیَامَةِ

ثُعْبَاناً مِنْ نَارٍ مُطَوَّقاً فِی عُنُقِهِ یَنْهَشُ مِنْ لَحْمِهِ حَتَّی

یَفْرِغَ مِنَ الْحِسَابِ.

وَهُوَ قَوْلُ اللهِ عَزَّ وَجَلَّ: {سَیُطَوَّقُونَ مَا بَخِلُوا بِهِ یَوْمَ الْقِیَامَةِ}

As for any servant (of Allah) who refrains from paying zakat

(out of his wealth), Almighty Allah will certainly transform his assets into

a fiery serpent, encircling his neck and biting his flesh until the

settlement of accounts with him is finished. This is the meaning of Almighty

Allah’s saying, “They shall have that, whereof they were niggardly, cleave to

their necks on the Day of Resurrection. (3:180)”⁽²⁾

One who refuses to pay zakat and violates this duty or denies zakat as a religious obligation is deemed kafir (apostate from Islam) because zakat is one of the essential duties of Islam.

Abu-Basir has reported Imam al-Sadiq (‘a) as saying:

مَنْ مَنَعَ قِیرَاطاً مِنَ

الزَّکَاةِ فَلَیْسَ بِمُؤْمِنٍ وَلاَ مُسْلِمٍ. وَهُوَ قَوْلُ اللهِ عَزَّ

وَجَلَّ: {حَتَّی إِذَا جَاءَ أَحَدَهُمُ الْمَوْتُ قَالَ رَبِّ ارْجِعُونِ لَعَلِّی أَعْمَلُ صَالِحًا فِیمَا تَرَکْتُ}

Whoever refrains from paying

even a carat of zakat is neither a believer (mu'min) nor Muslim. This

is the meaning of Almighty Allah’s saying, “(Until when death overtakes one

of them, he says:) ‘Send me back, my Lord, send me back! Haply I may do good

in that which I have left.’ (23:99-100)”⁽¹⁾

According to another authentic narration, Abu-Basir has reported Imam al-Sadiq (‘a) as saying:

مَنْ

مَنَعَ قِیرَاطاً مِنَ الزَّکَاةِ فَلْیَمُتْ إِنْ شَاءَ یَهُودِیّاً أَوْ

نَصْرَانِیّاً.

He who refrains from paying even a carat of zakat

may die a Jew or Christian, whichever he likes.⁽²⁾

Funds subject to zakat

Regarding the items subject to zakat, there is some disagreement among the Ahl al-Bayt (‘a) school and other Muslim jurisprudential schools. The disagreement lies in two major points and arises from the difference between the jurisprudential ijtihad-based outcome of the followers of the Ahl al-Bayt (‘a) and the followers of other Muslim sects. Such difference, however, is not found in narrations and traditions reported from the Ahl al-Bayt (‘a).

· According to the general and familiar jurisprudential opinion of the Ahl al-Bayt’s followers, assets of commerce and goods that are in merchants’ shops and stores are not subject to zakat; however, the general jurisprudential opinion of other Muslim sects maintains that these items are subject to zakat. Several traditions, reported from the Ahl al-Bayt (‘a), do declare such items as obligatory for zakat and, as a result, some scholars from the Ahl al-Bayt (‘a) school have adopted this opinion; however, these traditions have been understood by the master scholars of this school as recommending the payment of zakat on such items or as having been said as a consequence of taqiyyah because of the fact that other sacred texts and traditions restrict this tax to the nine aforementioned categories of property.

· Like the previous point, disagreement on the ruling concerning additional produce and livestock—such as rice, corn and horses—arises from the difference in the jurisprudential, deductive outcome between the Ahl al-Bayt (‘a) school and other Muslim schools of jurisprudence. Once again, there are some traditions reported from the Ahl al-Bayt (‘a) involving the possible obligation of paying zakat on these items, but these traditions have been understood by the scholars of this school as being only a recommendation or as having been said as a consequence of taqiyyah.⁽¹⁾

In the current discussion, we do not intend to discuss this topic in detail and display the points of evidence according to Muslim jurisprudence; rather, we just bring up the jurisprudential result and try to explain it from an economic and political viewpoint in a probable mode.

We can give two explanations for this minor difference supported by some points of evidence notwithstanding the scope of their accuracy.

(a) In Islamic legislation, zakat is in fact obligatory on the nine previously mentioned items, while it is only recommended to pay zakat for other items. The Ahl al-Bayt (‘a) are well known for their in-depth knowledge of this fact (i.e., the distinction between the items on which zakat is obligatory and those on which it is recommended), while other Muslims show confusion about it. Some authentic traditions support this observation.

`Abdullah ibn Sinan quoted Imam al-Sadiq (‘a) to have said:

لَمَّا نَزَلَتْ

آیَةُ الزَّکَاةِ: {خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَکِّیهِمْ بِهَا} فِی

شَهْرِ رَمَضَانَ، فَأَمَرَ رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، مُنَادِیَهُ

فَنَادَی فِی النَّاسِ: إِنَّ اللهَ، تَبَارَکَ وَتَعَالَی، قَدْ فَرَضَ عَلَیْکُمُ

الزَّکَاةَ کَمَا فَرَضَ عَلَیْکُمُ الصَّلاَةَ. فَفَرَضَ عَلَیْکُمْ مِنَ

الذَّهَبِ وَالْفِضَّةِ وَالإِبِلِ وَالْبَقَرِ وَالْغَنَمِ وَمِنَ الْحِنْطَةِ وَالشَّعِیرِ وَالتَّمْرِ وَالزَّبِیبِ، وَنَادَی

فِیهِمْ بِذَلِکَ فِی شَهْرِ رَمَضَانَ، وَعَفَا لَهُمْ عَمَّا سِوَی ذَلِکَ.

When this holy verse was

revealed: “Take charity out of their property, in order to cleanse them and

purify them thereby, (9:103)” the Holy Prophet (s), in the month of Ramazan,

ordered his caller to call out, “O people, Almighty Allah has prescribed for

you as an obligation to pay zakat just as He has prescribed for you performance

of the prayers. Hence, He is imposing on you (a proportion) of gold, silver,

camels, cows, sheep, wheat, barley, dates, and raisins.” The Holy Prophet (s)

announced these to people in the month of Ramazan, excluding all other items…⁽¹⁾

Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) are reported to have said:

فَرَضَ اللهُ، عَزَّ وَجَلَّ، الزَّکَاةَ مَعَ

الصَّلاَةِ فِی الأَمْوَالِ، وَسَنَّهَا رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ

وَآلِهِ، فِی تِسْعَةِ أَشْیَاءَ، وَعَفَا رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ

وَآلِهِ، عَمَّا سِوَاهُنَّ: فِی الذَّهَبِ وَالْفِضَّةِ وَالإِبِلِ وَالْبَقَرِ

وَالْغَنَمِ وَالْحِنْطَةِ وَالشَّعِیرِ وَالتَّمْرِ وَالزَّبِیبِ. وَعَفَا

رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، عَمَّا سِوَی ذَلِکَ.

Almighty Allah has imposed

(as a religious duty) the payment of zakat from assets along with the

(religious duty of) prayers. The Messenger of Allah (s) enacted zakat to

be paid from nine things only and he excluded everything else: from gold, silver,

camels, cows, sheep, wheat, barley, dates, and raisins. The Messenger of

Allah (s) excluded everything else.”⁽¹⁾

Muhammad (ibn Ja`far) al-Tayyar has reported that he asked Imam al-Sadiq (‘a) about the items that are as an obligation subjected to zakat.

The Imam (‘a) answered:

فِی تِسْعَةِ أَشْیَاءَ: الذَّهَبِ

وَالْفِضَّةِ وَالْحِنْطَةِ وَالشَّعِیرِ وَالتَّمْرِ وَالزَّبِیبِ وَالإِبِلِ

وَالْبَقَرِ وَالْغَنَمِ. وَعَفَا رَسُولُ اللهِ، صَلَّی اللهُ عَلَیْهِ

وَآلِهِ، عَمَّا سِوَی ذَلِکَ.

These are nine things;

gold, silver, wheat, barley, dates, raisins, camels, cows, and sheep. The

Messenger of Allah (s) excluded everything else.

The reporter said, “May Allah lead you to ever more righteousness! We have other grains.”

“Which ones?” the Imam (‘a) asked.

“Rice,” answered the reporter.

“Yes,” the Imam (‘a) commented, “there is much.”

“Is it subjected to zakat?” the reporter asked.

The Imam (‘a) reproached him and said:

أَقُولُ لَکَ

إِنَّ رَسُولَ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، عَفَا عَمَّا سِوَی

ذَلِکَ، وَتَقُولُ: إِنَّ عِنْدَنَا حَبّاً کَثِیراً، أَفِیهِ الزَّکَاةُ؟

I have told you that the Messenger of Allah (s) excluded everything

else, yet you tell me that you have other grains and ask me whether they are

subjected to zakat or not!⁽¹⁾

According to another authentically reported narration, Zurarah said that he was sitting with Imam al-Baqir (‘a) and no one else was with the Imam except his son Ja`far (al-Sadiq). At that time, the Imam (‘a) narrated to me:

یَا زُرَارَةُ، إِنَّ أَبَا ذَرٍّ وَعُثْمَانَ

تَنَازَعَا عَلَی عَهْدِ رَسُولِ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، فَقَالَ

عُثْمَانُ: کُلُّ مَالٍ مِنْ ذَهَبٍ أَوْ فِضَّةٍ یُدَارُ بِهِ وَیُعْمَلُ بِهِ وَیُتَّجَرُ

بِهِ فَفِیهِ الزَّکَاةُ إِذَا حَالَ عَلَیْهِ الْحَوْلُ. فَقَالَ أَبُو ذَرٍّ: أَمَّا

مَا یُتَّجَرُ بِهِ أَوْ دِیرَ وَعُمِلَ بِهِ فَلَیْسَ فِیهِ زَکَاةٌ؛ إِنَّمَا الزَّکَاةُ

فِیهِ إِذَا کَانَ رِکَازاً کَنْزاً مَوْضُوعاً، فَإِذَا حَالَ عَلَیْهِ الْحَوْلُ

فَفِیهِ الزَّکَاةُ. فَاخْتَصَمَا فِی ذَلِکَ إِلَی رَسُولِ اللهِ، صَلَّی اللهُ

عَلَیْهِ وَآلِهِ، فَقَالَ: الْقَوْلُ مَا قَالَ أَبُو ذَرٍّ.

O Zurarah, during the lifetime of the Messenger of Allah (s), Abu-Dharr

and Uthman disagreed about a question. Uthman said, “Every item of finance,

be it gold or silver, that is used in one’s business, trade and profession is

subjected to zakat after the passage of a complete year (of earnings).”

Abu-Dharr said, however, “Assets that are used in one’s business, trade, and profession

are not subjected to zakat. Zakat is paid only from assets that

are stored or saved like treasure. Hence, when a year passes, such assets become

subject to zakat.” They then presented the matter before the Messenger

of Allah (s) who said, “Abu-Dharr’s opinion is correct.”

Abu-`Abdullah al-Sadiq (‘a) said to his father, “If this narration is announced, people will stop giving to the poor and needy. Do you want this?”

The Imam (‘a) replied:

إِلَیْکَ عَنِّی! لاَ أَجِدُ مِنْهَا

بُدّاً.

Stop this here! I have no

other alternative.⁽¹⁾

(b) The Islamic legislation with regard to finance decides that zakat (in the sense of charity) is obligatory upon the wealthy who are thus required to satisfy and meet the needs of the poor. Almighty Allah, having introduced the nine aforementioned assets as obligatory charity, entrusted the mission of identifying the extent of these funds to the Guardians (wali) appointed by Him—the Holy Prophet (s) and the Infallible Imams (‘a).

In the beginning of the formulation of Islamic law the Holy Prophet (s), in his capacity as the guardian of Muslims, completely restricted this religious duty to nine items which were obligatorily subject to zakat, and he exempted all others because the interests of Muslims at that stage required such and also because this amount of zakat could achieve the purpose behind its legislation.

However, it is acceptable for a succeeding Guardian, alone or with the participation of others, to subject other finances to this religious tax in the light of the supreme interest of Islam or in order to make sure that the purpose of establishing the law of paying zakat is achieved.

Unfortunately, the origin of this law has been confused with other types of local authoritarian legislation⁽¹⁾by both jurisprudents of the Ahl al-Bayt (‘a) school and the other Muslim schools. However, it is worth mentioning that exercise of this political authority is quite clearly entrusted to the Holy Imams of the Ahl al-Bayt (‘a).

Zurarah and Muhammad ibn Muslim have reported Imam al-Sadiq (‘a) as saying:

إِنَّ اللهَ، عَزَّ

وَجَلَّ، فَرَضَ لِلْفُقَرَاءِ فِی مَالِ الأَغْنِیَاءِ مَا یَسَعُهُمْ، وَلَوْ

عَلِمَ أَنَّ ذَلِکَ لاَ یَسَعُهُمْ لَزَادَهُمْ. إِنَّهُمْ لَمْ یُؤْتَوْا مِنْ

قِبَلِ فَرِیضَةِ اللهِ عَزَّ وَجَلَّ، وَلَکِنْ أُوتُوا مِنْ مَنْعِ مَنْ

مَنَعَهُمْ حَقَّهُمْ لاَ مِمَّا فَرَضَ اللهُ لَهُمْ، وَلَوْ أَنَّ النَّاسَ

أَدَّوْا حُقُوقَهُمْ لَکَانُوا عَایِشِینَ بِخَیْرٍ.

Verily, Almighty Allah

has ordained a sufficient share for the poor to be taken from the assets of

the wealthy that meets all their needs. If He had known that this determined share

would not meet the needs of the poor, He would certainly have added to it. People

have not remained poor because of a duty that Almighty Allah has prescribed or

because of the share that Almighty Allah has determined for them but because

they have been deprived of what was due to them. Had people given the poor

their due, they would certainly have lived in welfare.⁽²⁾

Ali ibn Mahziyar has reported that Imam al-Riza (‘a) wrote the following statement in a letter he sent to Abdullah ibn Muhammad:

الزَّکَاةُ عَلَی کَیْلِ مَا کِیلَ

بِالصَّاعِ.

Zakat is levied

from everything that can be measured by sa`.⁽¹⁾

Sa is a unit of mass or weight, usually used for grains; one sa is equal to approximately three kilograms.

So, that is what `Abdullah recorded.

Another man has reported that he once asked Imam al-Sadiq (‘a) about zakat on grains. “What kind of grain do you mean?” the Imam (‘a) asked.

“They are sesame, rice, and millet,” the man answered, “and these are all grains, just like wheat and barley.”

The Imam (‘a) responded:

فِی الْحُبُوبِ کُلِّهَا زَکَاةٌ.

All grains are subject to zakat.

Imam al-Sadiq (‘a) is also reported to have answered the question of someone, saying:

مَا دَخَلَ الْقَفِیزَ فَهُوَ

یَجْرِی مَجْرَی الْحِنْطَةِ وَالشَّعِیرِ وَالتَّمْرِ وَالزَّبِیبِ.

Whatever is measured by

qafiz⁽²⁾

is treated just like wheat, barley, dates, and raisins.

The questioner continued, “May Allah accept me as ransom for you! Please tell me whether rice and its likes, such as chick-pea and lentils are subject to zakat or not?”

The Imam (‘a) answered in writing:

الزَّکَاةُ فِی کُلِّ شَیْءٍ کِیلَ.

Everything that is

measured is subject to zakat.⁽¹⁾

Zurarah has reported that he asked Imam al-Sadiq (‘a) whether corn is subject to zakat or not, and the Imam (‘a) answered:

الذَّرَّةُ وَالْعَدَسُ وَالسِّلْتُ

وَالْحُبُوبُ فِیهَا مِثْلُ مَا فِی الْحِنْطَةِ وَالشَّعِیرِ، وَکُلُّ مَا

کِیلَ بِالصَّاعِ فَبَلَغَ الأَوْسَاقَ الَّتِی یَجِبُ فِیهَا الزَّکَاةُ

فَعَلَیْهِ فِیهِ الزَّکَاةُ.

Corn, lentils, shelled

barley, and all cereals are subject to zakat just like wheat and

barley. Everything that is measured by sa and amounts to wasqs<a href="#ref-footnote2-page31" id="footnote2-page31" style="display:inline-block"><sup>(2)</sup></a><p class="footnote"><a href="#footnote2-page31" style="color:#3b82f6;" id="ref-footnote2-page31"> 2) </a>- 1 wasq = 60 sas.

is subject to this tax.⁽³⁾

الذَّرَّةُ وَالْعَدَسُ وَالسِّلْتُ

وَالْحُبُوبُ فِیهَا مِثْلُ مَا فِی الْحِنْطَةِ وَالشَّعِیرِ، وَکُلُّ مَا

کِیلَ بِالصَّاعِ فَبَلَغَ الأَوْسَاقَ الَّتِی یَجِبُ فِیهَا الزَّکَاةُ

فَعَلَیْهِ فِیهِ الزَّکَاةُ.

Corn, lentils, shelled

barley, and all cereals are subject to zakat just like wheat and

barley. Everything that is measured by sa and amounts to wasqs<a href="#ref-footnote4-page31" id="footnote4-page31" style="display:inline-block"><sup>(4)</sup></a><p class="footnote"><a href="#footnote4-page31" style="color:#3b82f6;" id="ref-footnote4-page31"> 4) </a>- 1 wasq = 60 sas.

is subject to this tax.⁽⁵⁾

Abu-Basir has reported that he asked Imam al-Sadiq (‘a) whether rice is subject to zakat, and the Imam (‘a) answered affirmatively and then added:

إِنَّ الْمَدِینَةَ لَمْ تَکُنْ

یَوْمَئِذٍ أَرْضَ أَرُزٍّ فَیُقَالُ فِیهِ، وَلَکِنَّهُ قَدْ جُعِلَ فِیهِ.

وَکَیْفَ لاَ یَکُونُ فِیهِ وَعَامَّةُ خَرَاجِ الْعِرَاقِ مِنْهُ؟

Because there were no rice

farms in al-Madinah at that time (of legislation), nothing was mentioned

about its taxation. Nevertheless, rice was included in the taxable grains.

How could it be excluded when the majority of the taxes of Iraq

are levied from rice?⁽⁶⁾

Suma`ah has reported that he asked the Imam (‘a) whether the working partner must pay zakat on assets used in a partnership.

The Imam (‘a) answered:

یَنْبَغِی لَهُ أَنْ یَقُولَ

لأَِصْحَابِ الْمَالِ: زَکُّوهُ. فَإِنْ قَالُوا: إِنَّا نُزَکِّیهِ، فَلَیْسَ

عَلَیْهِ غَیْرُ ذَلِکَ. وَإِنْ هُمْ أَمَرُوهُ بِأَنْ یُزَکِّیَهُ

فَلْیَفْعَلْ.

A working partner in a partnership

who does the business with the money of the other partners is required to

advise the owner of the money to pay the zakat of the money. If the

owners say that they have done so, then he is not required to do more, but if

they order him to pay the zakat, then he is required to do so.

یَنْبَغِی لَهُ أَنْ یَقُولَ

لأَِصْحَابِ الْمَالِ: زَکُّوهُ. فَإِنْ قَالُوا: إِنَّا نُزَکِّیهِ، فَلَیْسَ

عَلَیْهِ غَیْرُ ذَلِکَ. وَإِنْ هُمْ أَمَرُوهُ بِأَنْ یُزَکِّیَهُ

فَلْیَفْعَلْ.

A working partner in a partnership

who does the business with the money of the other partners is required to

advise the owner of the money to pay the zakat of the money. If the

owners say that they have done so, then he is not required to do more, but if

they order him to pay the zakat, then he is required to do so.

The reporter further asked, “What if the owner of the money claims that he is paying the zakat of the money, while the other party knows for sure that he (i.e. the owner) is not?”

The Imam (‘a) answered:

إِذَا هُمْ أَقَرُّوا بِأَنَّهُمْ

یُزَکُّونَهُ، فَلَیْسَ عَلَیْهِ غَیْرُ ذَلِکَ. وَإِنْ هُمْ قَالُوا: إِنَّا

لاَ نُزَکِّیهِ، فَلاَ یَنْبَغِی لَهُ أَنْ یَقْبَلَ ذَلِکَ الْمَالَ وَلاَ

یَعْمَلَ بِهِ حَتَّی یُزَکِّیَهُ.

If the owner of the money declares

that he is paying the zakat of the money, the other partner is not

required to do more than that; however, if the owner professes that he is not

paying the zakat, then the working partner must not accept that money

and must not do business with it until the partner pays the zakat.⁽¹⁾

Muhammad ibn Muslim has reported that he asked Imam al-Sadiq (‘a) when zakat must be paid in the case of a person who bought goods with money for which zakat had been paid, and later the goods remained unsold.

The Imam (‘a) answered:

إِنْ کَانَ أَمْسَکَ مَتَاعَهُ

یَبْتَغِی بِهِ رَأْسَ مَالِهِ فَلَیْسَ عَلَیْهِ زَکَاةٌ، وَإِنْ کَانَ

حَبِسَهُ بَعْدَ مَا یَجِدُ رَأْسَ مَالِهِ فَعَلَیْهِ الزَّکَاةُ بَعْدَ مَا

أَمْسَکَهُ بَعْدَ رَأْسِ الْمَالِ.

If the man withheld the

goods in order to recuperate his capital, the goods are not taxable, but if

he withheld the goods after he had recuperated his capital, then this money

becomes subject to zakat for withholding it after regaining his

capital.

The reporter further asked, “If one is given money to do business, is this money subject to zakat?”

The Imam (‘a) answered:

إِذَا

حَالَ الْحَوْلُ، فَلْیُزَکِّهَا.

After the passage of a complete year, he must pay its zakat.⁽¹⁾

Usage of the money of zakat

As for categories that are entitled to the money of zakat, the Ahl al-Bayt (‘a) confirmed that these are exclusively the eight categories mentioned in verse 60 of Surah al-Tawbah (Surah 9). However, it is not obligatory to include all these eight categories when paying the money of zakat; rather, it is acceptable to restrict payment to one or more category. The religious authority who supervises the distribution of zakat decides the details of this issue. Apart from some minor details, this issue is unanimously agreed upon by all Muslims.

Additionally, the Ahl al-Bayt (‘a) instructed their Shi`ah to distribute the money of zakat to the individuals of the virtuous community restrictedly, where possible. This instruction was made as a result of the Ahl al-Bayt’s understanding of the nature of needs imposed upon the virtuous community which

was besieged economically and politically. Consequently, the individuals of this community had become the worthiest to receive the money of zakat because of being exposed to various sorts of pressures that caused their deprivation, especially considering the fact that the majority of the zakat money went to the ruling authorities and nothing of it was kept at the disposal of individuals except a very small amount that could be excluded from the tax itself. In addition, the individuals of the virtuous community deserve the money of zakat as much as other Muslims. Accordingly, it was necessary to compensate the virtuous community for the deprivation caused them by the rulers because of their adherence to the doctrine of the Ahl al-Bayt (‘a). Hence, these funds were restricted to these individuals.

It is not improbable that this very idea has been intended in the authentic report of Zurarah and Muhammad ibn Muslim, which has been cited by the three master scholars—Shaykh al-Kulayni, Shaykh al-Saduq, and Shaykh al-Tusi.

Zurarah and Muhammad ibn Muslim report that they asked Imam al-Sadiq (‘a) about Almighty Allah’s saying: ‘The alms are only for the poor, the needy, those who collect them, to influence hearts (to belief), to free captives and debtors, for the cause of Allah, and for the wayfarer—a duty imposed by Allah. Allah is Knower, Wise.’ (9:60)

They asked whether the categories entitled to the funds of zakat included those who do not recognize (the divinely commissioned loyalty to the Ahl al-Bayt (‘a)).

The Imam (‘a) answered:

إِنَّ الإِمَامَ یُعْطِی هَؤُلاَءِ

جَمِیعاً لأَِنَّهُمْ یُقِرُّونَ لَهُ بِالطَّاعَةِ.

The Imam gives to all

these categories only because they recognize obedience to him.

Zurarah asked, “What if they do not recognize him?”

The Imam (‘a) answered:

یَا

زُرَارَةُ، لَوْ کَانَ یُعْطِی مَنْ یَعْرِفُ دُونَ مَنْ لاَ یَعْرِفُ لَمْ

یُوجَدْ لَهَا مَوْضِعٌ؛ وَإِنَّمَا یُعْطَی مَنْ لاَ یَعْرِفُ لِیُرَغَّبَ فِی

الدِّینِ فَیَثْبُتُ عَلَیْهِ. فَأَمَّا الْیَوْمَ فَلاَ تُعْطِهَا أَنْتَ

وَأَصْحَابُکَ إِلاَّ مَنْ یَعْرِفُ، فَمَنْ وَجَدْتَ مِنْ هَؤُلاَءِ

الْمُسْلِمِینَ عَارِفاً فَأَعْطِهِ دُونَ النَّاسِ. سَهْمُ الْمُؤَلَّفَةِ

قُلُوبُهُمْ وَسَهْمُ الرِّقَابِ عَامٌّ، وَالْبَاقِی خَاصٌّ.

O Zurarah, if the Imam

gives only to those who recognize (loyalty to him) and deprives those who do

not, then these funds will not find people to receive them! The Imam gives

also to those who do not recognize (loyalty to him) so as to attract them to

this faith and so that they embrace it firmly. However, you and your

acquaintances should give only to those who recognize. Hence, if you find

such people among Muslims, you may give them rather than others. The shares

of those whose hearts have inclined towards the truth (al-mu'allafah

qulubuhum) and the share for the ransoming of captives (al-riqab) are common,

while the other shares are restricted.

Zurarah asked, “What if we cannot find any of the mentioned groups?”

The Imam answered:

لاَ

یَکُونُ فَرِیضَةٌ فَرَضَهَا اللهُ، عَزَّ وَجَلَّ، وَلاَ یُوجَدُ لَهَا أَهْلٌ.

Any duty that Almighty

Allah has made incumbent must be practicable and there must be deserving individuals.

Zurarah asked, “What if the charity (of zakat) is not sufficient to cover the needs of recipients?”

The Imam’s answer is already cited on p. 31.

Rooted in this concept, the Ahl al-Bayt (‘a) instituted an economic directive that dealt with some of the needs of the individuals of the virtuous community. This directive

bound the wealthy individuals of this community to pay zakat to the poor individuals of their community exclusively and defined the distribution of these funds.

Ismail ibn Sad al-Ash`ari has reported that he asked Imam al-Riza (‘a), “Is it possible to distribute zakat funds to those who do not recognize (loyalty to the Ahl al-Bayt)?”

The Imam (‘a) answered:

لاَ،

وَلاَ زَکَاةُ الْفِطْرَةِ.

Neither zakat funds nor zakat al-fi⁽¹⁾-

Zakat al-fi⁽²⁾(can be distributed to them).⁽³⁾

®urays has reported that al-Mada’ini asked Imam al-Baqir (‘a), “There is a portion of the zakat that we pay from our money. Who should we give it to?”

The Imam answered:

فِی

أَهْلِ وِلاَیَتِکَ.

Give it to the people of your faith.

Al-Mada'ini said, “I am living in a country where no one of my faith lives.”

The Imam (‘a) instructed:

إِبْعَثْ بِهَا إِلَی

بَلَدِهِمْ تُدْفَعُ إِلَیْهِمْ، وَلاَ تَدْفَعْهَا إِلَی قَوْمٍ إِذَا

دَعَوْتَهُمْ غَداً إِلَی أَمْرِکَ لَمْ یُجِیبُوکَ، وَکَانَ وَاللهِ الذَّبْحُ.

You may send these funds to a country where people of

your faith live. Do not pay them to people who will not respond to you if you

call them to your faith and may even slay you!⁽⁴⁾

To reconcile these traditions with the previously cited report of Zurarah and Muhammad ibn Muslim, it seems that this special and restricted instruction was a local decision that the Ahl al-Bayt (‘a) took on the strength of their recognition of the common interests of the virtuous community within their surroundings but not a law that is found in original Islamic legislation. However, Almighty Allah knows best.

At the same time, this decision stands for a policy that must be observed at all times according to the general rule of “the nearer, the worthier.”

Nevertheless, there are some exceptions, as shown in the following tradition:

Yaqub ibn Shuayb al-haddad has reported that he asked the Righteous Servant (i.e. Imam al-Kazim (‘a)), “What should one of our creed who lives in a remote region do with the funds of the zakat that he must pay?”

The Imam (‘a) answered:

یَضَعُهَا

فِی إِخْوَانِهِ وَأَهْلِ وِلاَیَتِهِ.

He must distribute them on

his brethren-in-faith and followers of his belief.

The reporter asked, “What if he cannot find such people?”

The Imam (‘a) answered:

یَبْعَثُ

بِهَا إِلَیْهِمْ.

He may

send them the funds.

The reporter asked, “What if he cannot find any means to transfer these funds to them?”

The Imam (‘a) answered:

یَدْفَعُهَا

إِلَی مَنْ لاَ یَنْصِبُ.

He may then distribute the

funds among those known for bearing no hostility (against the Ahl al-Bayt).

The reporter asked, “What if these cannot be found either? Should he pay others?”

The Imam (‘a) answered:

مَا

لِغَیْرِهِمْ إِلاَّ الْحَجَرُ.

The others’ share is

nothing but stones!⁽¹⁾

`Ubayd ibn Zurarah has reported that he asked Imam al-Sadiq (‘a), “A man of our faith paid the zakat funds to unworthy people for a considerable time, but later he found worthy recipients. Should he again pay the former funds to the worthy people?”

The Imam (‘a) answered:

“Yes, he should.”

The reporter asked, “What if a person had not found worthy recipients and, therefore, had not paid zakat, or he had not known that it was obligatory upon him to pay but came to know recently?”

The Imam (‘a) answered:

یُؤَدِّیهَا

إِلَی أَهْلِهَا لِمَا مَضَی.

He must pay all the

previous to worthy people.

The reporter asked, “What if he could not find worthy people and paid his zakat to unworthy people, but after investigation he concluded that he was wrong (about them being unworthy)?”

The Imam (‘a) answered:

لَیْسَ

عَلَیْهِ أَنْ یُؤَدِّیَهَا مَرَّةً أُخْرَی.

In this case, he is not

liable to pay it once more.⁽²⁾

In the light of these traditions, we can conclude that this procedure is one of the clear-cut distinguishing attitudes of the Ahl al-Bayt (‘a) on the issue of zakat—an attitude that ensures the virtuous community an important financial resource.

Supervision of zakat funds

In accordance with the procedures of the Islamic state, supervision of the zakat funds was done by the Muslim ruler.⁽¹⁾aniyyah, pp. 115; al-Mawardi, al-Ahkam al-Sul⁽²⁾It is not improbable that this was enacted in the original Islamic legislation, since the supervision of the zakat funds entails giving the poor a part of the fortunes of the rich, transferring these funds to their beneficiaries or spending them in doctrinally defined fields; therefore, it must be carried out by the ruler of the Islamic state who collects these taxes, just as the Holy Prophet (s) and the caliphs used to do.

The problem is that the majority of so-called Islamic governments throughout history have been illegitimate and, according to the Ahl al-Bayt (‘a), not suited to supervise the zakat funds for reasons too numerous to be mentioned in this discussion.⁽³⁾

This topic will be discussed in the coming book of Imamate and Religious Authority.

Consequently, the followers of the Ahl al-Bayt (‘a) encountered a problem:

The illegitimate ruling authorities would collect the zakat and not leave the option for the payers to distribute it themselves to worthy recipients. The followers of the Ahl al-Bayt (‘a) were not sure as to whether it was correct or not to pay their zakat to these unjust ruling authorities. If this payment were mandatory but at the same time would not discharge the religious responsibility, would it then be obligatory to pay these taxes once more (putting additional economic pressure on the virtuous community)?

To remove this legal problem, the Ahl al-Bayt (‘a) offered the following solution:

They advised their followers not to pay the governmental tax collectors to the extent possible so that they could carry out their religious duty themselves with the remaining amount. In the event that they could not escape payment because of political or social circumstances (the necessity to practice taqiyyah), they were permitted to pay it to the governmental officials.

The Ahl al-Bayt (‘a) delegated the assessment of the situations to the owners of the taxable funds and determined that payment under such circumstances would fulfill the religious responsibility of the payers, justifying this action with the concept that although such governments might be unqualified for supervision of religious taxes, they are still Muslims. In addition, the Ahl al-Bayt (‘a) wanted the virtuous community to associate and coexist under this Islamic rule within the Muslim society lest they, in the case that they refrain from defraying the zakat funds to the government tax collectors, become exposed to additional political or economic pressure—which they certainly did not want.

In a set of traditions, this solution has been discussed and explained.

According to the authentic report of Yaqub ibn Shuayb, which has been recorded by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Saduq, in man-la-yahzuruhu’l-faqih, the reporter asked Imam al-Sadiq (‘a) whether `ushur tithes(⁽¹⁾

`ushur is the proportion of zakat on produce. This word may also be used as zakat in general.

The Imam (‘a) answered:

“They are so accounted, God willing.”

According to another authentic narration of al-`Ays ibn al-Qasim that is reported by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, Imam al-Sadiq (‘a) said the following about the zakat tax:

مَا

أَخَذُوا مِنْکُمْ، بَنُو أُمَیَّةَ، فَاحْتَسِبُوا بِهَا وَلاَ تُعْطُوهُمْ

شَیْئاً مَا إسْتَطَعْتُمْ، فَإِنَّ الْمَالَ لاَ یَبْقَی عَلَی هَذَا أَنْ

یُزَکِّیَهُ مَرَّتَیْنِ.

As for anything that is taken

from you (as zakat) by the ruling authorities of the Umayyads, you may

account it as zakat. However, try to give them as little as you can. It

is not feasible to pay zakat for the same money twice.

According another authentic report of Sulayman ibn Khalid that is also reported by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, Imam al-Sadiq (‘a) said:

إِنَّ

أَصْحَابَ أَبِی أَتَوْهُ فَسَأَلُوهُ عَمَّا یَأْخُذُ السُّلْطَانُ، فَرَقَّ

لَهُمْ، وَإِنَّهُ لَیَعْلَمُ أَنَّ الزَّکَاةَ لاَ تَحِلُّ إِلاَّ لأَِهْلِهَا،

فَأَمَرَهُمْ أَنْ یَحْتَسِبُوا بِهِ، فَجَالَ فِکْرِی، وَاللهِ، لَهُمْ،

فَقُلْتُ لَهُ: یَا أَبَه، إِنَّهُمْ إِنْ سَمِعُوا إِذاً لَمْ یُزَکِّ أَحَدٌ.

فَقَالَ: یَا بُنَیَّ، حَقٌّ أَحَبَّ اللهُ أَنْ یُظْهِرَهُ.

His companions came to my

father and queried about the taxes that were being levied by the ruling

authorities. My father sympathized with them even though he knew that zakat

was illegitimate if not paid to worthy beneficiaries. Still, he ordered them

to account it as their zakat. I thought considerably about the

question for their sake and then said to my father, “If they hear this

ruling, none will give alms (or pay zakat).” My father replied, “Son,

this is a right that Almighty Allah likes to make manifest.”⁽¹⁾

Derelict Lands

Derelict lands⁽¹⁾are uncultivated and uninhabitable lands forsaken because of a dearth of water, waterlogging, salinity, dense brush, or any natural barrier to benefit.

The Imamiyyah Shi`ah scholars believe that such lands are basically owned by the Imam of each age because they are anfal (windfalls), which have been specified in the following holy verse as being owned by Almighty Allah and the Holy Prophet (s):

یَسْأَلُونَکَ عَنِ الْأَنْفَالِ قُلِ الْأَنْفَالُ لِلَّهِ وَالرَّسُولِ فَاتَّقُوا اللَّهَ وَأَصْلِحُوا ذَاتَ بَیْنِکُمْ وَأَطِیعُوا اللَّهَ وَرَسُولَهُ إِنْ کُنْتُمْ مُؤْمِنِینَ

They ask you about

windfalls (anfal). Say: Windfalls are for Allah and the Messenger. So be

careful of (your duty to) Allah and set aright matters of difference among

yourselves, and obey Allah and His Messenger if you are believers. (8:1)

The Imam, being the legal successor of the Holy Prophet (s)

and his representative, enjoys all his rights of leadership and supervision. Many traditions, some of which have openly declared the Imam’s ownership of such properties (anfal), indicate this ownership. For instance, in an authentic narration that is reported by Shaykh al-Kulayni, in Usul al-Kafi, hafs ibn al-Buhtari reports Imam al-Sadiq (‘a) as saying:

الأَنْفَالُ مَا لَمْ یُوجَفْ

عَلَیْهِ بِخَیْلٍ وَلاَ رِکَابٍ، أَوْ قَوْمٌ صَالَحُوا، أَوْ قَوْمٌ أَعْطَوْا

بِأَیْدِیهِمْ، وَکُلُّ أَرْضٍ خَرِبَةٍ وَبُطُونُ الأَوْدِیَةِ فَهُوَ

لِرَسُولِ اللهِ، صَلَّی اللهُ عَلَیْهِ وَآلِهِ، وَهُوَ لِلإِمَامِ مِنْ

بَعْدِهِ یَضَعُهُ حَیْثُ یَشَاءُ.

Windfalls (anfal

properties) include estates towards which neither horse nor riding camel are

pressed forward,⁽¹⁾

This is an indication of the following verse of the Holy Qur'an:

وَمَا أَفَاءَ اللَّهُ عَلَی رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَیْهِ مِنْ خَیْلٍ وَلَا رِکَابٍ وَلَکِنَّ اللَّهَ یُسَلِّطُ رُسُلَهُ عَلَی مَنْ یَشَاءُ وَاللَّهُ عَلَی کُلِّ شَیْءٍ قَدِیرٌ

And whatever Allah restored to His Messenger from them

you did not send forward towards it any horse or riding camel but Allah gives

authority to His messengers against whom He pleases, and Allah has power over

all things. (59:6)

estates that are gained due to reconciliation or gift, any useless land, and

the bottoms of valleys—all these are owned by the Holy Prophet (s) and then

by the Imam, who has the right to use them as he determines.⁽²⁾

In Tahdhib al-Ahkam, Shaykh al-Tusi has reported Muhammad ibn Muslim to have said that he heard Imam al-Baqir (‘a) saying:

الْفَیْءُ

وَالأَنْفَالُ مَا کَانَ مِنْ أَرْضٍ لَمْ یَکُنْ فِیهَا هَرَاقَةُ الدِّمَاءِ،

وَقَوْمٌ صُولِحُوا وَأَعْطَوْا بِأَیْدِیهِمْ، وَمَا کَانَ مِنْ أَرْضٍ

خَرِبَةٍ أَوْ بُطُونِ أَوْدِیَةٍ فَهُوَ کُلُّهُ مِنَ الْفَیْءِ. فَهَذَا للهِ

وَلِرَسُولِهِ، فَمَا کَانَ للهِ فَهُوَ لِرَسُولِهِ یَضَعُهُ حَیْثُ شَاءَ،

وَهُوَ لِلإِمَامِ بَعْدَ الرَّسُولِ.

The fay’ and anfal are

lands which have been seized without bloodshed, lands given as gifts due to a

reconciliation contract with their owners, all useless lands, and valley

floors—all these are regarded as fay’

properties and they are owned by Almighty Allah and His Messenger (s). The

Messenger (s) has the right to do whatever he wills with properties that are

owned by Almighty Allah. After the Messenger (s), the Imam has the right to make

use of these properties.⁽¹⁾

Generally, Muslim jurisprudents have determined such derelict lands to be legitimate for common use, just like the water of rivers and oceans, fish, birds and sand that can be owned privately only by means of control or seizure.

For that reason, the followers of the Ahl al-Bayt (‘a), who represent the virtuous community, had to face a real problem concerning their economic activities in this vital and important field. When they wanted to invest time in or make use of a derelict land, the ruling authorities did not interfere because the authorities had no reason to ban processes of utility and investment in these lands since they themselves considered them to be legitimate for common use. However, the followers of the Ahl al-Bayt (‘a) faced a problem related to the religious ruling regarding use of such lands which the Ahl al-Bayt (‘a) included with anfal properties that are legitimately owned by the Imam; therefore, to invest in or use such lands required permission of the Imam.

However, this matter has been solved and such permission,

which seems to be local (i.e. restricted) permission, was declared by the Holy Prophet (s) not disregarding the fact that such lands are before all else owned by the Imam. Following the course adopted by the Holy Prophet (s) the Holy Imams (‘a) also gave their followers and other Muslims permission to develop these lands.

In his book of Tahdhib al-Ahkam, Shaykh al-Tusi, through an authentic chain of authority, has reported Imam al-Baqir (‘a) as saying:

أَیُّمَا

قَوْمٍ أَحْیَوْا شَیْئاً مِنَ الأَرْضِ أَوْ عَمَرُوهَا فَهُمْ أَحَقُّ بِهَا.

Any people who cultivate

or improve any area of land are the worthiest to own it.⁽¹⁾

According to another authentic tradition, Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, have also reported Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) as quoting the Holy Prophet (s) to have said:

مَنْ

أَحْیَا أَرْضاً مَوَاتاً فَهِیَ لَهُ.

Whoever cultivates a derelict land possesses it.⁽²⁾

Scholars of the Ahl al-Bayt (‘a) school, however, have disagreed about the significance of this permission. According to the opinion of some Shi`ite scholars, this permission entails that investment in or cultivation of an area of land results in the investor or the cultivator owning that land. Other scholars have argued that this broad permission gives the investor or the cultivator a right to use that land, but the ownership of the land is still in the hand of the Imam.⁽³⁾The following authentic tradition, which has

been reported by Shaykh al-Tusi in Tahdhib al-Ahkam and Shaykh al-Kulayni in al-Kafi, supports the latter opinion:

Umar ibn Yazid has reported that Musmi ibn Abd al-Malik delivered some money to Imam al-Sadiq (‘a) but the Imam refused to accept it from him. I met Musmi, at al-Madinah, and asked him the reason. He narrated:

During my meeting with him, I said to the Imam (‘a), “In Bahrain, I worked as a diver and extracted items from the sea worth four hundred thousand dirhams. As a consequence, I have brought eighty thousand dirhams as the Khums (one-fifth tax) of my gain. I do not wish to withhold this amount from you; therefore, I am offering it to you because it is your right that Almighty Allah has made obligatory from our wealth.”

The Imam (‘a) answered:

أَوَمَا

لَنَا مِنَ الأَرْضِ وَمَا أَخْرَجَ اللهُ مِنْهَا إِلاَّ الْخُمْسُ، یَا أَبَا

سَیَّارٍ؟ إِنَّ الأَرْضَ کُلَّهَا لَنَا، فَمَا أَخْرَجَ اللهُ مِنْهَا مِنْ

شَیْءٍ فَهُوَ لَنَا.

Abu-Sayyar, is our share

from our lands and their extracts only one-fifth? Verily, the entire land is

ours and whatever thing that Almighty Allah allows to be extracted from it is

also ours.

I said, “I have the entire amount with me and I offer it to you.”

The Imam (‘a) replied:

یَا

أَبَا سَیَّارٍ، قَدْ طَیَّبْنَاهُ لَکَ وَأَحْلَلْنَاکَ مِنْهُ، فَضُمَّ

إِلَیْکَ مَالَکَ. وَکُلُّ مَا فِی أَیْدِی شِیعَتِنَا مِنَ الأَرْضِ فَهُمْ

فِیهِ مُحَلَّلُونَ حَتَّی یَقُومَ قَائِمُنَا فَیَجْبِیهِمْ طَسْقَ مَا کَانَ

فِی أَیْدِیهِمْ، وَیَتْرُکَ الأَرْضَ فِی أَیْدِینَا. وَأَمَّا مَا کَانَ فِی

أَیْدِی غَیْرِهِمْ فَإِنَّ کَسْبَهُمْ مِنَ الأَرْضِ حَرَامٌ عَلَیْهِمْ حَتَّی

یَقُومَ قَائِمُنَا، فَیَأْخُذَ الأَرْضَ مِنْ أَیْدِیهِمْ وَیُخْرِجَهُمْ

صَغَرَةً.

Abu-Sayyar, I now declare

our property as valid and legitimate for you. You can now add it to your

money. Everything from the lands that is obtained by our Shi`ah is lawful to them

to own until the uprising of the Rising Imam (the Mahdi). He will then levy

from them land tributes and leave the lands at their disposal. As for others

(i.e. non-Shi`ah), all that which is possessed by them and all their gains

therefrom are illegitimate up to the uprising of our Rising Imam. He will

then take these lands from them and dismiss them with humiliation

(empty-handed).⁽¹⁾