An Approach to the Traditions on Taḥlīl and Negation of Liability to Khums Prior to Shī‘a Ownership

Document Type : Research Article

Authors

• Ḥamīda ‘Abdullāhī
• ‘Alī Maẓhar Qarāmalikī
• ‘Ābidīn Mu’minī
• Sayyid Muḥammad Riḍā Imām

10.22067/fiqh.v0i0.3157

Abstract

The principle of taḥlīl (making lawful) of khums is, in brief, indisputable. The ruling for taḥlīl of khums is issued by most of the Imams (A.S.). The object (muta‘allaq) of taḥlīl has been the same with all Imams (A.S.), including both the earlier and later ones. Besides, taḥlīl is not specific to the occultation era or the age of reappearance. The ruling for taḥlīl of khums does not apply merely to the person for whom it is not possible to discharge the rights of the Imams (A.S.); rather, it applies to all the religiously accountable (mukallaf). Through taḥlīl, khums is voided rather than being undertaken as an obligation. Taḥlīl does not include the profits obtained during Shī‘a's ownership [of a property]; rather, it includes the profits on which khums had been levied during the ownership by others and transferred to the Shī‘a through donation or purchase. Therefore, the reason for taḥlīl is the entrance of kums levied properties into the Shī‘a ownership and it is aimed at the Shī‘a's purity of birth, foods, drinks, etc.
Keywords: taḥlīl (making lawful), khums (one fifth levy), Shī‘a, Imams (A.S.), usurpation, rulers of injustice.

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