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Shiavault - a Vault of Shia Islamic Books 180 Questions Enquiries About Islam Volume One: The Practical Laws Khums Is allocation of one half of Khums for the Bani Hashim not favouritism?

Some people are of the impression that this Islamic tax, which covers twenty percent of most wealth and one half of which has been apportioned for the sadat,[^1] is a kind of familial distinction and smells of nepotism and favouritism - an aspect that is incongruous with the universal nature of Islam and it's spirit of social justice.

Those who harbour such views have not studied the conditions and specifics of this ruling completely, for the answer to this objection, in it's entirety, lies in them. Firstly, one half of the khums associated with the descendants of the Noble Prophet (s.a.w) and the Bani Hashim must be given exclusively to the impoverished ones from amongst them and that too, only in the measure sufficient to fulfil their needs for one year (not more)!

Thus, the only ones who can utilize it are those, who are either sick and cannot work, or infant orphans and those who, due to certain reasons, cannot make both ends meet. Therefore, those who are capable of working (in actuality or in potential) and are able to procure an earning, sufficient for leading their lives, do not have the right to make use of this portion of the khums.

It follows that the commonly held view among the general masses that the descendants of the Noble Prophet (s.a.w) can utilize khums, however well off they might be, is improper and totally baseless and unfounded.

Secondly, the impoverished and the underprivileged ones from amongst the sadat and the Bani Hashim do not have the right to use zakat; instead they can only utilize this portion of khums.[^2] Thirdly, if the share of the sadat, which is one half of the khums, happens to exceed the needs of the sadat actually present, this surplus should be put into the public treasury to be put to other uses.

On the contrary, if that portion is insufficient to fulfil their requirements then they must be provided for, either from the public treasury or from the zakat. In view of the above three points it is quite clear that no differentiation has been exhibited between the sadat and the non-sadat, materially. The needy non-sadat can procure their yearly expenses from zakat but are deprived of khums, whereas the indigent sadat can procure theirs from khums but, in turn, remain deprived from zakat.