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The question

Is the one-fifth (khums) due on rikaz (found treasure) and war spoils exclusive to the Household of the Prophet (Ahl al-Bayt) to this very day? And what is the truth concerning the established fact that Abu Bakr, Omar, Othman, and Ali suspended the one-fifth due to the relatives (dhawi al-qurbā) and returned it to the Muslim treasury (Bayt al-Mal)? And what is the evidence for that, if true?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The jurists differed on the division of the khums (one-fifth). The Shafi'is and Hanbalis held that it should be divided into five shares, one of which is for Banu Hashim and Banu al-Muttalib. The Hanafis, however, viewed that it should be divided into three shares for orphans, the poor, and wayfarers. As for the Malikis, they are of the opinion that the khums is entrusted to the Imam, who disposes of it as he deems most beneficial for the interests of the Muslims, whether by returning it to the public treasury, purchasing weapons, or distributing it among the Prophet's family or others. The Rightly Guided Caliphs acted in accordance with this view. The Malikis cited as evidence the hadith: "I have nothing from what Allah has bestowed upon you except the khums, and the khums is returned among you," and that the Prophet, peace and blessings be upon him, prevented Fatimah from receiving a share of the relatives' portion. The khums taken from rikaz (buried treasure) according to the majority of scholars has the same ruling as the khums of spoils of war and fay' (booty obtained without fighting).

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Source platform
Ftawy
Original fatwa ID
180897
Imported
Translation status
Source text, unreviewed
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