[^6] In Sunan al-Bayhaqi ...

[^6] In Sunan al-Bayhaqi , ‘Abd al-Rahman ibn Abi-Ya’la is reported to have said that he once met (Imam) ‘Ali (‘a) at Ahjar al-Zayt and said, “(I am amazed) how Abu-Bakr and ‘Umar violated your rights—you, the —regarding khums !” (Imam) ‘Ali (‘a) answered: …أَنَّ عُمَرَ قَالَ: لَكُمْ حَقٌّ وَلاَ يَبْلُغُ عِلْمِي إِذَا كَثُرَ أَنْ يَكُونَ لَكُمْ كُلُّهُ، فَإِنْ شِئْتُمْ أَعْطَيْتُكُمْ مِنْهُ بِقَدْرِ مَا أَرَى لَكُمْ. فَأَبَيْنَا عَلَيْهِ إِلاَّ كُلَّهُ، فَأَبَى أَنْ يُعْطِيَنَا كُلَّهُ.

…’Umar then said, “It is true that you enjoy a right, but as much as I know, it should not be given to you entirely when it is such a large amount! If you wish, I will give you an amount that I see sufficient for you.” However, we rejected receiving any amount less than our entire right, but ‘Umar refused to give us our entire due.

[^7] Many narrations, reported from the (‘a), substantiate that khums , including the shares of the orphans, the needy, and the wayfarers in addition to the near of kin, are dedicated to the (‘a) as compensation for their deprivation from zakat and alms, which are considered surplus for people. Khums , on the other hand, is a duty that Almighty Allah has made for the (‘a) in public funds or gains. It is thus goes beyond surplus funds. In Tahdhib al-Ahkam ,…

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