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Vol-7, Special Issue-Number4-June, 2016, pp865-875 http://www.bipublication.com

Case Report

Rules relating to one-fifth levy on the interest about the trades settled at the

simple interest and removal of paradoxes

Afrouz Mahmoudian1* and Mahdi Khodaei2 1Department of Religious Jurisprudence and Islamic law,

College of Theology, Karaj Branch, Islamic Azad University, Alborz, Iran

2Ph.D, Department of Religious and Islamic Law, Karaj Branch, Islamic Azad

University, Karaj, Iran

*Corresponding Author Email: aafroz.mahmodeyan@gmail.com

ABSTRACT:

One-fifth on one's property is considered a fiscal obligatory duty in which all Islamic schools are unanimous to its principle of obligatoriness but the diversity of opinions relates to the various adjunctions of it therein. Verifications about the aforesaid issue which has been taken root in the very credence of the rational, political life and fiscal obligations of the Shiites is very overriding during the era of occultation as a financial standard respectively. In the following jurisprudential thesis we remove the paradoxes about it e.g. what has been discussed in Qur'an and traditions which has no documentation and Shiite jurists believe that the payment is recommended but it is not compulsory, thereafter, the documentations are not in accordance with the verses of the Holy Qur'an but we invoke to various indications e.g. the word “whomsoever he will” which is seen in the one-fifth levy verse or the rule of “subjective consideration by the extension utterance but not by the occurrence”, connotation of the word “booty” and its derivations in which it has been uttered from the era of the life of Imam Sadiq up to the well-guided leader therein. The Almighty has canonized the aforesaid word in the era of the life of Messenger, thenceforth, the manifest Imams have proclaimed it amongst the people, so that, the proclamation has been canonized from the era of life of the Messenger, delineated from the epistles written by the Messenger which says that any interest belongs to the one-fifth of the levy and its owner is the position of Imamate therein. There are divergence of opinions among Shiite jurisprudents about one-fifth of the levy of the gain about the trades but the dominant theory says that there are consensus of opinions among the Shiites to practice the levy, bonding to Psalm, Wont and common accord respectively.

Keywords: one-fifth levy, gain about the trades, per annum expenditures

1. INTRODUCTION

A Fifth of the net income is considered an absolutory obligatory in which there are consensuses of opinions amongst all religions about its principle of obligation. It adjusts the affair of many knotty thorny problems in accordance with other Divine commanders, therewith, brings about practicing the duties and reward of the other world, so there is a troth by

Qur'an along with various traditions related by the Immaculate Imams, appropriating an absolute and streamer capitulum in books related to jurisprudence and traditions respectively.

It is considered one of the ramifications of the religion including various dimensions:

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2- Economical dimension: It is considered a fiscal service which guarantees the Islamic State, raise interdiction from descendants of the Prophet and independence backing of the public domain. 3- Educative and social dimensions: it is considered a fund for the development of Koran-binding and religious cultures.

4- Political dimension: it must be disposed to the Awaited Imam to raise interdiction from him and those who refer to him, giving him the head therein. The fully qualified Islamic jurisprudent who could lead the Muslim Ummah is empowered to take it during the occultation to encourage Islamic Jurisprudences since they are capable to exalt Islam and the word “there is no god but Allah” in each era, summoning men to Islam and struggle with litigants therefore.

But unfortunately the aforesaid canonical obligation is abandoned by Sunnites and there are many fellows who grudge paying it therein. (Mashayikh, Mahmoud, 2005). It is obligatory for any Muslim to notice his/her religion in generality and laws of scripture in peculiarity being accountable to any paradoxes considered about it thereafter.

Bibliography

The great record of the one-fifth levy relates to the advent of Islam, even, pre-Islamic period as it is quoted by one of the helpers of Imam Sadiq that the first cunt who paid his levy was Ibrahim, His Highness but there is ambiguity about the cause and amount of it hence. (Ansari, Abd-Al-Rahman, Akhoundi, Mustafa, 1405 A.H).

One-fifth of the levy was considered of the commendable customs which was enforced by Abd-Al-Motalleb in the age of ignorance and it was verified by Islam but the Quranic root of the levy payment is rooted in A.H.2 in which the exact period was not less than 19 months in A.D.622 e.g. in twelfth of Ramadan the Prophet was in the throes of war against polytheists of Mecca in the sumps of Badr and there the war escalated but Muslims swept the board, the spoils of war were obtained by Muslims and the Prophet ordered to round the spoils up therein.

It is obviously clear that the verse of one-fifth of the levy has been descended during the first battle of the Islamic history but the practice of the injunction was not deemed advisable and it was postponed by the Prophet and sometimes it was practiced by expedience respectively.

Some thinkers believe that the one-fifth of the levy was included in other booties during the advent of Islam through traditions and hagiology and one-fifth of levy was paid to Commander of believers who was in the forefront of theocracy, drawing up it to gains, ordering to pay by surplus of the earnings therein.

Lexical meaning of the word “one-fifth of the levy”

It is quoted by Khalil Farahidi in Al-Eyn volume that the aforesaid word means scruple of cinque and the term “مﻮﻘﻟا ﺖﺴﻤﺧ” means that my folk rounded cinque with me, so I altered one-fifth of the folk. (Farahidi, Khalil-Ibn-e-Ahmad, Al-Eyn, 1410 A.H.). It is quoted by Dehkhoda, one of the lexicon compilers, in his book that the aforesaid word is rhythmic with “ﻖﻨﻋ” which means one-fifth or cinque out of one as well. (Qoreishi, Seyyed Ali Akbar, 1412 A.H.).

It is concluded by the authentic sheets that the word “one-fifth of the levy” is a part of cinque or one-fifth.

Acceptation of the word “one-fifth levy”

Some jurisconsults have attempted to state its rules without any definition but few of them have defined the word as the following:

The writer of the book Javahir (on whom be the mercy of God) defines it as the right of property meaning that the Almighty is the sole owner, enjoining it for his bondmen, the favorite right related to God and Hashemite who are considered the dean of people and statists, possess bounty and benevolence therein, but God has prohibited almsgiving which is considered not caring a fig about, for Hashemite, but subbed one-fifth levy for the sake of splendid instead. (Najafi, Mohammad Hasan, 1404 A.H.).

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levy for the Blessed Prophet and his progenies, may their auspicious progeny being manyness, instead of poor-due respectively.

So the word “ﺲﻤﺧ” is synonymous with the aforesaid technical term but its dimensions are diverse regarding the specified circumstances, ways of provision, its resources and various lookouts which has been peered in the pro-life of the Prophet, especially after the fourth century which caused no univalent and comprehensive definition about it.

The best definition regarded for the aforesaid word pre-remarking the definitions is that it is an obligatory enjoined by God with special qualifications which is treated as one-fifth of the property, the property of which belongs to the Prophet and his vicegerents thereupon.

Lexical meaning of booty

The first Arabian lexicographer, Khalil-Ibn-e-Farahidi, a celebrated expert in which all lexicons have been referred to says that the word “ﻢﻨﻏ” means achieving something and the word “مﺎﻨﺘﻏا” means reaping advantage of what has been achieved respectively. He believes that whatever has been achieved as a duck-soup is considered booty. (Farahidi, Khalil-Ibn-e-Ahmad, 1410 A.H.).

It is quoted by Raqib Esfahani that the word “ﻢﻨﻏ” means gaining and achieving, whether gained from foes or others. (Raqib Esfahani, Hussein-Ibn-e-Mohammad, 1412 A.H.).

It is quoted by Ibn-e-Manzour that the word “ﻢﻨﻏ” means whatever achieved by a duck-soup. (Ibn-e-Manzour, Mohammad-Ibn-e-Mokarram, 414 A.H.).

Acceptation of the word “ﺖﻤﯿﻨﻏ

It comprises vast colloquial meanings and it is said that whatever has been achieved or any utility is called booty. It has been used in Nahj-Al-Balaqeh, Qur'an and conventions as a period, capital and lifetime respectively.

It is an antonym for the word “ﺖﻣاﺮﻏ” or “indemnity” used in common usage which includes any type of indemnity, and the latter comprises any type of respectable benefits.

It is quoted by Alousi, one of the exegetes of Sunnis that the essence of the meaning of the word “ﻢﻨﻏ” is any kind of profit and gain, but whatever has been gained by Muslims during warfare against blasphemers with a subjugating force is called booty. (Alousi, Mahmoud-Ibn-e-Abd-Allah, 1982).

It is quoted by Allameh Tabatabaei that the words “ﻢﻨﻏ” and “ﺖﻤﯿﻨﻏ” mean gaining profit by trade, labor and fight therein.

Lexical meaning of “ﺢﺑر” or “interest”

The aforesaid word is formed by the articles “ ب ر

ح”, which means gain and interest.

It is used as a noun meaning that whatever has been achieved as profit or interest as well. (Dehkhoda, Ali Akbar, 1994).

The above-said word means any kind of profit gained by trade, the plural form of “حﺎﺑرا” meaning that “ﺐﮐﺮﻣ ﺢﺑر” or “interest on interest”, the rate of which is determined by the Code. The word is used in whatever relates to trades or other concepts e.g. denouement, but it is used once in Holy Qur'an, verse 16 of the Cow, saying that whatever has been gained by trades for you. (Qoreishi, Ali Akbar, 1412 A.H.).

Lexical meaning of “ﺐﺴﮐ” or “gainful occupation”

It means seeking sustenance, the root of which is plural. In other words it means performing any action to gain or prevention of loss, schooling, acquisition of wealth or both therein. (Qoreishi, Ali Akbar, 1412 A.H.).

Acceptation of the word “ﺐﺴﮐ” or “gainful occupation”

It means “occupations” and “earnings” including any kind of occupation e.g. rain-fed cultivation, trade, artisanry, handiwork, being a white-collar worker, laborer, efficiency, ranching and etc.

Acceptation of the phrase “ﺐﺳﺎﮑﻣ حﺎﺑرا” or “whatever gained by trades”

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supervision of Hashimi Shahroudi, Seyyed Mahmoud, 1426 A.H.).

One-fifth levy of the gain about trades means one-fifth levy settled with special clauses at the simple interest which is called “ﮫﻧﻮﻣ ﻞﺿﺎﻓ ﺲﻤﺧ” or fifth levy gained by the sur-expenditures” or “one-fifth levy gained by allowed” respectively.

Theory of the positive necessity of one-fifth levy gained by the trades

One-fifth levy is considered a religious duty in Islam, the principle of religious legislation of which is considered a postulate, the indication per nexum by clear injunction of verses, by consensus of opinions of Sunnites and Shiites jurists, but there is diversity of opinions amongst the two sects regarding its belongings. Dominant Sunnite jurists believe that the belongings are only spoils of war, but some others say that the settle is obligatory about treasures and wheals therein. Shiites' jurists, athwart, Sunnites' believe that the obligatory relates to septet things e.g. one-fifth levy paid for the gain of interests, the conclusive indication of which relates to the lexical meaning of the word “ﺖﻤﯿﻨﻏ” or “booty” since the former belong it just for the spoils of war by delivering clear authorities e.g. the revelation of the verse on the contexts of the signs of war and etc. Shiites' jurists believe in the general idea of the word “ﺖﻤﯿﻨﻏ” which includes any kind of gain, bonding to various testimonies e.g. application of the word “booty” which means gain and profit, and various utterances of jurists will be regarded in the following appendixes:

It is quoted by Sheikh Moufid, one of the predecessors of Shiite jurists that one-fifth levy is obligatory regarding any kinds of booties e.g. whatever has been gained during belligerence with infidels, or profits gained by merchandize, farming and artisanry therein. The majority of Shiites jurists consider the necessity of the one-fifth levy e.g. Sheikh Moufid, Sheikh Tousi, the late Naraqi, Seyyed Reza Hamedani, the Grand Ayatollah Broujerdi, Imam Khomeini and other contemporary jurists respectively. It must be noted that the aforesaid jurists are authorities in religious

sciences, giving decree for the incumbency of its payment and have bonded to common accord, scriptures and tradition.

Proofs of the necessity of one-fifth levy of the interests

First proof: verse of booty

Verse 41, The Spoils of War is considered the only verse implicating the necessity of one-fifth levy and God orders that O' Believers! Thou are obliged to pay one-fifth of your interests to God, Prophet, his kindred, orphans, depauperates and destitute ones respectively. Thou are obliged to believe of what has been sent down to Prophet in the day of salvation, an era when two hosts, Muslims and infidels erupted a stand-up fight in Badr battle. The postscript and proof of the verse emphasize the performing of the aforesaid ordain. The verse predicates on the necessity of the one-fifth levy paid for spoils of war, but does it predicate the necessity on the one-fifth levy for interests?

The consequence is that what is the meaning of the word “booty” stated in the verse? Or does it include the advantage of non-spoils of war? It is necessary to scrutinize the proofs of the aforesaid obligation, namely, scripture, tradition and common accord therein.

We cannot use the literary meaning of the verse to verify the necessity but we must adjudge the objectives of the word “booty”.

Meaning of the word “ﺖﻤﯿﻨﻏ” or “booty”

It is quoted by Shahroudi in the book “Al-Khoms” that jurists have quoted three meanings for the word in the noble verse, lexicons and words:

First meaning: Booty, in peculiarity, means properties gained by staying power and crushing against infidels in whom there are no diversity of opinions amongst Shiites and Sunnites.

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words it includes properties gained by reasonable ways or unexpectedly.

Third meaning: general meaning of the word “booty”: excess of wealth which includes interests gained by reasonable ways. It is clear that lexicographers have interpreted the meaning of the word “booty” by the three aforesaid meanings but some ancient lexicographers like “Alein” say that the second meaning is right since they believe in gaining any property by a duck-soup. (Hashimi Shahroudi, Seyyed Mahmoud, 1425 A.H.).

Contingencies about the meaning of the word “booty” regarded in the related verse

Shahroudi states two contingences about the synonymy of the two words “booty” and “gained interests” by referring to the interpretations of Shiite jurists:

First contingency: the noble verse does not implicate the necessity of one-fifth levy of the gain of interests since Arabs have used the noun “ﻢﻨﻏ” just for one general and connotative ones, albeit, jurists have declared the third category therein.

Second contingency: the verse is not coordinated for the booties but it is considered arbitrary, including all types of interests which is confirmed by many Shiite jurists. (Hashimi, Shahroudi, Seyyed Mahmoud, 1425 A.H.).

It is quoted by Shahroudi in criticizing the first contingency that some jurists who believe that the meaning is general, do not ratiocinate e.g. Sheikh Moufid says that one-fifth levy is obligatory in gaining any booty, referring to verse 41, the Spoils of War, defining the word “booty” by explaining the concepts, saying that it is regarded whatever gained in battles against infidels e.g. properties, armaments and interests gained by doing trades e.g. farming, merchandize and art, exceeding from the per annum expenditures and etc. (Hashimi, Shahroudi, Seyyed Mahmoud, 1425 A.H.)

Inference to the meaning of the word “booty” in the verse

Those who believe in the necessity of one-fifth of the levy paid for spoils of war, and not

accepting the one-fifth levy gained for the interests, infer to the following reasons:

They say that the aforesaid Sura has been revealed during the Badr battle, some verses of which clarify the way of division of spoils and God asks and answers that “thou mayst reckoned about the spoils”, hence, we warn thee to belong one-fifth of the gains to Prophet and his kinsmen, orphans and destitute ones, if you believe in God and whatever we revealed to our obedient in the day of salvation and God is mighty. So we conclude that the word “ﺲﻤﺧ”, in the aforesaid verse means “booties” but not the levy related to properties since there is no mention to its various types e.g. gaining interests, hence, we cannot include them as spoils of war because there is no indication to get spoils by those who believe in it.

Critique of reasoning: some jurists say in criticizing the aforesaid reasoning that the words “ﺖﻤﯿﻨﻏ”, “ﻢﻨﻏ” and “ﻢﻨﻐﯾ” are not synonymous, since the word “booty” relates to the spoils of war if the word “ﺖﻤﯿﻨﻏ” is seen in the verse, but there is no word stated in the noble verse therein but the word “ﻢﺘﻤﻨﻏ” is used instead which is a past tense, meaning to gain or use something in a duck-soup way. So we refer to the word “ﻢﺘﻤﻨﻏ” since the essence of absoluteness is all-inclusiveness whether demonstrated by battle or other phenomenon, so the gain of interests comprise the aforesaid inclusiveness thereafter. (Vali-Asr research institution, site of the removal of paradoxes).

Inference to the principle of sequence and its criticism

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of the word “booty” about one-fifth of levy gained for interests.

Critique of the inference: the principle of the aforesaid rule is predicated for the spoils of Badr war but not other battles as well, while, it proves applicable in other battles, so it is not considered sound and veracious since it is the opposed with the modal logic of Qur'an therein. Applicability of Qur'an verses is effective merely about one space-time occasion and Shiites meet a doctrinal dilemma which says that the Qur'an is an immortal and abiding sign till the resurrection day, a manifest and wise book for humans, smoothing the social, economical and political obstacles over therein. For example the Mose's Rod is not related to a special time, so the aforesaid obligatory suspicion is opposed with the logic of Qur'an. If we contemplate in the verses, it would be very distinctive that there are paradoxes about the enunciations of tradition and opponents thereafter. So the misgiving about the necessity of the one-fifth of levy about the gain of interests coordinated to Badr war is rebutted and its necessity is substantiated about other trades e.g. gains of interests therefore.

The revelation of the booty verse in the sequence of the verses related to Badr war does not dedicate the word “booty” only for the spoils of war since the occasion of the verse is not considered an indication of containment and it is very ordinary that a peculiar occasion brings about the revelation of an unspecified judgment. (Montazeri, Hussein Ali, 1409 A.H.).

There is no ambiguity about the symbolization of the booty verse in the necessity of the payment of one-fifth levy about the gain of interests, so the reasoning is sound. (Sobhani, Jafar, 2012).

Second contingency: general meaning of booty

Jurists who believe the theory of “gains of interests” have pronounced reasons which have been scrutinized here.

Demonstration of the booty

Some jurists have bonded to verse 41, the booty, to demonstrate the aforesaid issue e.g. Montazeri who says that the reason of the generality of the

word “booty” is clear since the denotation of it is considered the word “ﻢﺘﻤﻨﻏ ﺎﻣ” or “what has been spoiled” and one-fifth levy is obligatory for it. (Montazeri, Hussein Ali, 1409 A.H.).

He quotes a definition by Mohaqiq to confirm his definition and says that Mohaqiq is either a jurist or a true Arab and a lexicographer who defines the word “booty” as a collective noun and it includes the spoils of war and gains of interests therein. (Montazeri, Hussein Ali, 1409).

Demonstration of contextual evidences of the booty

Some jurists assume that juxtaposing of the words “ﯽﺷ” and “ﻢﺘﻤﻨﻏ” indicate the generality of the issue of one-fifth levy, in other words, the word “gain of interests” is considered the subject of the necessity of one-fifth levy. (Alavi, Seyyes Jafar, 2013).

Jurists have demonstrated to verify the aforesaid contingency that the most overriding point is that the word “ﻢﺘﻤﻨﻏ” is posterior to the word “ﯽﺷ ﻦﻣ” and it must be noted that in Arabic grammar, it is called “indefinite article” and it is translated as “ﺮھ” or “whatever” therein. So the translation of the verse is “one-fifth levy of what has been gained belongs to Prophet and God”. (Valiasr research institute, site of the removal of paradoxes).

Some other jurists have generalized the word “ ﻦﻣ

ﯽﺷ” to the word “booty” which is treated as a general or peculiar noun and they write down that juxtaposing of the word “ﯽﺷ” and “ﻢﺘﻤﻨﻏ” indicates the generality of the word “ﺲﻤﺧ”, albeit, being excess or worthless e.g. a Drachma which is considered inconsistent with spoils of war. (Alavi, Seyyed Jafar, 2013).

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Inference to the rule of “subjective consideration by the extension utterance but not by the occurrence” and its criticism

There is diversity of opinions amongst Shiites and Sunnites about the term “ﯽﺷ ﻦﻣ ﻢﺘﻤﻨﻏ ﺎﻣ” or “whatever has been gained in war as booty”, either by the interpretation of the word “booty” in the term “whatever has been gained” or in comprisal of the word “ﯽﺷ” in “ﯽﺷ ﻦﻣ” or “whatever” therein. The confidence of the aforesaid discrepancy is considered by the inference of Sunnites to the rule of context, in other words, it means that the presumption of the verification of the rule of context and the role of the reason for the revelation of the term “ﻢﺘﻤﻨﻏ ﺎﻣ” just for “spoils of war”, and hence, there would be another rule known as “subjective consideration by the extension utterance but not by the occurrence” therein.

The purport of the aforesaid rule is that “the generality is preferential to the occurrence. (Fakir Meibodi, 2013). In other words, it means that “the interrelation for a verse and occurrence does not specify the versed”. The ruling peremptory of the verse does not specify to the spoils of war but the occasion of revelation is the battle of Badr which purports that the “booty” is related to “spoils of war” solely.

The aforesaid rule brands that the occasion of revelation cannot specify the generality of the word “booty”.

Second argumentation: normative custom

Some jurists have bonded to normative custom in the argumentation of the issue of the one-fifth levy on gain of interests, the most overriding cases are: A discourse is quoted by one of the high shi'a clerks named Reyshahri in his lectures about the word “booty” that the clemency of God is bestowed to those who realize the supreme right, and they became speechless when they did not know, getting rid of any wrong speech therein. It is quoted by Reyshahri that the word “booty” means “interest” solely, but not a material gain but a spiritual one respectively. (Reyshahri, Mohammad, Book written about one-fifth levy).

The Prophet does not specify the word “booty” only for “spoils of war” but it is used in generality, not meaning a material interest but a spiritual one which includes one-fifth levy of the gain of interests therein.

The word “booty” has been used in epistles, betrothals and aphorisms of Nahj-Al-Balaqeh by Leader of the believers’ e.g. anyone who enters the God's way, hitting the mark and bringing in. (Nahj-Al-Balaqeh, Seyyed Razi).

Seize the opportunities and time-limits. (Nahj-Al-Balaqeh, Seyyed Razi).

The word “booty” is used by Imam Ali as a determinate idea which is affirmable about the case of “interests of the occupation” therein. Some jurists, in reasoning the word “ﺐﺳﺎﮑﻣ حﺎﺑرا”, have inferred to narrations e.g. words like “دﺎﻓا”, “دﺎﻔﺘﺳا” and “بﺎﺴﺘﮐا” meaning “earnings”, “gain” and “acquisition” respectively.

It is quoted by Samaei when he asked Imam Kazim about the one-fifth levy, and he said that it is obligatory for all incomes, whether being much or low. (Hor-e-Amili, Mohammad Hasan, 1409 A.H.).

Mohammad-Ibn-e-Hasan wrote a letter to Imam Javad asking him about one-fifth levy, the context said that acquaint me about one-fifth levy, whether it is obligatory for all types of income or not. Is it obligatory for artisans?

His Highness answered that the payment is obligatory after deduction of per annum expenses. (Hor-e-Amili, Mohammad Hasan, 1409 A.H.). Imam Sadiq is quoted by Sanan when he says that everyone who gains booty, he/she is obliged to pay one-fifth levy.

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defines the term “interests gained for trades” only. (Alavi, Seyyed Jafar, 2013).

It is quoted by some jurists e.g. Nouri Hamedani that the word “دﺎﻓا” means “دﺎﻔﺘﺳا” and it is the verbal mode of “لﺎﻌﻔﺘﺳا” which means “diligence” therein. (Nouri Hamedani, Hussein, 1419 A.H.).

Third evidence: consensus of opinion

The narrated and logical consensuses (Tousi, Abou-Jafar Mohammad-Ibn-e-Hasan, Khalaaf, 1407 A.H.) infer the demonstration of one-fifth levy, but the only paradox has been narrated by Ibn-e-Joneid and Ibn-e-Abi-Aqil therefore. Some jurists have a dissenting opinion, in other words they believe that due to multiplicity of dissenting opinions with admissa, the paradoxes are not considered prejudices respectively. (Tabatabaei, Yazdi, Mohammad Kazim, 1419 A.H.).

It is quoted by Seyyed Mortaza in the book “Intesar” that simple words of the followers of Imams mention the necessity of one-fifth levy in the following cases:

spoils of war, occupations, wheals, diving for the quest of precious things, treasures and whatever has been gained from the interests related to trades, farming and crafts with moderation after the detraction of per annum expenditures, sufficing the per annum expenditures, being excess therein. (Tousi, Abu-Jafar-Mohammad-Ibn-e-Jafar, 1407 A.H.).

It is quoted by the writer of “Madarik” in “Albayan” that it has been postulated of the incumbency of the one-fifth levy paid for the interests gained by trades by consensus of opinions prior to its propounding. (Amili, Mohammad-Ibn-e-Ali-Mousi, 1411 A.H.).

Even Sheikh Tousi claims the consensus prior to pointing out to one-fifth levy paid for interests about trades despite the fact of the dissenting of Sunnites jurists therein. (Refer to www.wikifeqh.ir, quarters of the Fegh magazine, Islamic Publicity Office, No.3).

There is consensus of opinion about the necessity of one-fifth levy paid for the interests of trade by Sheikh Tousi, Seyyed Morteza, Sheikh Tabrasi, Allamah, Ibn-e-Zohreh in the books “Entesar,

Majma-Al-Bayan, Montahi, Tazkireh and Qaniyeh respectively. There is consensus of opinion amongst all Shiite jurists about the necessity of the one-fifth levy paid for the interests of trades excluding Ibn-e-Jobeid and Amani. (Islamic Publicity Office, Khorasan-e-Razavi Branch, one-fifth levy considered about feuds and options, Boustan-e-Qom institution, 2008).

It is concluded, further to, verses, wonts of the Prophet and immaculate Imams, about the meaning of the word “booty” that the aforesaid term is not restricted to the “spoils of war” but it means “all types of interests” therein. There is no common ground amongst Sunnites and Shiites jurists about the incumbency of the one-fifth levy paid for the interests of trades, the reason of which stems from the meaning of the word “ﺖﻤﯿﻨﻏ” or “booty” quoted in the related verse and regarding three definitions quoted by jurists about the aforesaid term e.g. general, peculiar and specific connotations respectively. Some jurists say that the meaning of the word “ﻢﺘﻤﻨﻏ” is general and they verify the necessity of one-fifth levy paid for the interests of trades by the application of the related verse.

But others believe that the meaning of the term “ﻢﺘﻤﻨﻏ” is peculiar, saying that it cannot be verified by Qur'an and the “verse related to booty” but the main demonstrative effective cause stems from traditions, tiding of the envoy and consensus of opinions therefore.

Theory of the preference of one-fifth levy paid for the interests about trades

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for the interests of trades, hence, their viewpoints are considered non-payment of it resolved by Imam. (Tousi, Abu-Jafar-Mohammad-Ibn-e-Hasan, 1407 A.H.).

It is quoted by the writer of the book “Javahir” that the two aforesaid nobles say in justification of the theory that the literal aspect of the term does not determine the necessity of the payment or its non-payment but it means the suspension of the non-payment occurrence therein. (Najafi, Mohammad Hasan, 1404 A.H.).

Ibn-e-Joneid says that whatever has been bequeathed for mortals, either the gain of trades and etc, the recommended precaution is considered to set aside the one-fifth levy payment since there are many traditions narrated about it meaning that if it lefts unpaid, thence, it is not considered like the forbearance of legal alms. (Sabzvari, Seyyed-Ali-Ibn-e-Abd-Al-Ali, 1424 A.H.).

The first martyr has claimed in the book “Bayan” that prior to the lifetime of Ibn-e-Joneid and Amani, Islamic jurisprudents had consensus of opinion contrary to the aforesaid issue. (Amili, the second martyr, Mohammad-Ibn-e-Makki, 1412 A.H.). The partisans of the aforementioned issue were rare nowadays and that time, so it is considered null and void regarding the Spoils of War, verse 41 and narrations quoted by Seyyed Mohammad-Ibn-e-Hasan about the necessity of the payment of one-fifth levy at the gains about trades respectively.

The scrutiny amongst Sunnites and Shiites clearly shows that the formers consider it null but the latter accept its incumbency therein. It is quoted by the writer of the book “Javahir” their hesitation is considered the non-payment acquired by Imam but not the existence of any hesitation about the necessity or non-payment of the one-fifth levy therefore. The issue is that the effective cause of the payment of one-fifth levy about the gain of interests continues from the occultation till the immanence which verifies the issue.

Sunnites say that the aforesaid issue is null but Shiites believe that it is not obligatory but

recommendable. The answer to the aforesaid paradox is whether or not it is possible to consider it recommendable, whereas, the Holy Qur'an is the precursor of its incumbency, the most illuminated evidence of which is the law institution during the immanence of Imams, greater and lesser occultation therein. (Sobhani, Jafar, 2013).

Assume that some jurists say that the payment of one-fifth levy about the interests is recommendable, and the most overriding question includes whether or not it is considered a pious deed and outward practice of literal religion is regarded obligatory. Moreover jurists and Shiite legists give decree based on the practical Ijtihad or “personal reasoning”, but sometimes there is diversity of opinion like the Sunnite jurists who have different opinions about one-fifth levy pay and alms-tax which are treated obligatory in some cases therein.

Do the Sunnites who say that the alms-tax is not obligatory, allowed to challenge its fundamentality? Every Muslim who adopts the opinion of a legist, is obliged to practice his proclamations e.g. if the legist says that the widget is recommended, hence, his adherents are obliged to follow him, so the fact that Shiites jurists believe in the non-obligatory of the payment of one-fifth levy is not well-advised since the four legal schools do not enjoy the consensus of opinions about the issue of “alms-tax e.g. some say that the alms-tax includes four things, some believe in five and nine things in which they have challenged the legal decisions by the aforesaid objection respectively.

4. DISCUSSIONS

The incumbency of the one-fifth levy of the gain of interests is verified by verse 41, The Spoils of War:

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There is no gracious revelation about the incumbency of the one-fifth levy of the gain of interests but the incumbency is verified by the following occasions:

Contextual evidences in the verse related to booty e.g. the word “ﯽﺷ ﻦﻣ” juxtaposing to “ﻢﺘﻤﻨﻏ”, some previous verses (28, 29) which addresses the believers without any generality, application of the word “ﻢﻨﻏ” and its derivatives, rule of “subjective consideration by the extension utterance but not by the occurrence” or “ مﻮﻤﻌﺑ هﺮﺒﻌﻟا

ﻆﻔﻟاا” in which the aforesaid cases cannot particularize the general meaning of the term “ﺖﻤﯿﻨﻏ” or “booty” therein.

Traditions quoted by Immaculate Imams following the verse of spoils of war, have a spiritual hermeneutic about the term “ﺖﻤﯿﻨﻏ” and its belongings stated in Shiite and Sunnite narrative scriptures which say that the aforesaid word is very general including all types of interests, whether spiritual or material, affirmed by narrated and logical consensuses thereafter. The mere diversity of consensus amongst Sunnites and Shiites considered about one-fifth levy relates to “the gain of interests” but there is consensus of opinion amongst the two sects about the incumbency therein. The papered-over diversity is considered about the meaning of the term “ﻢﺘﻤﻨﻏ” which specifies that the mere one-fifth-levy in vogue amongst Shiites is “the gain of interests” which is treated as a monetary standard, but Sunnites have no credence to it therein. Most Shiite jurists believe in the incumbency of one-fifth levy on the gain of interests, bonding to scriptures, traditions and agreement of words respectively.

REFERENCES

1. The Holy Qur'an, Translated by Elahi Qomshei, Mehdi, Pars-Kitab, Tehran, 2010. 2. Nahj-Al-Balaqeh, Translated by Dashti,

Mohammad, Miras-e-Mandeqar, Tehran, 2002.

Persian references

3. A group of researchers under the supervision of Hashimi Shahroudi, Seyyed Mahmoud, and

A glossary of the logic terms according to the religion of people of the house, institution of the encyclopedia of Islamic logic about the religion of people of the house, Qom, 1426 A.H.

4. Dehkhoda Ali Akbar, Lexicon written by Dehkhoda, First edition, Tehran University Publication, 1994.

5. Islamic publicity office, Khorasan Razavi, one-fifth levy on challenges, Boustan institution, Qom, 2008.

6. Sobhani, Jafar, one-fifth levy on properties, Mashar publications, Tehran, 2013.

7. Qoreishi, Seyyed Ali Akbar, The lexicon of Qur'an, Kotob-e-Islami publications, Tehran, 1412A.H.

8. Mashayekh, Mahmoud, one-fifth levy and taxation considered in Islam, Aan publication, Tehran, 2005.

9. Mountazri Najaf-Abadi, Hussein Ali, juridical principles of Islamic Administration, translated by Salavati, Mahmoud and others, Keyhan institution, Qom, 1409 A.H.

10.Nouri Hamedani, Hussein, one-fifth levy on properties, publicity office publication, Qom, 1419 A.H.

Arabic references

11. Alousi, Mahmoud-Ibn-e-Abdollah, exegesis of Rouh-Al-Maani, Dar-Al-Hayat, Beirut, 1982. 12.Ibn-e-Manzour, Aboulfazl, Jamal-Al-Din,

Mohammad-Ibn-e-Mokarram, Lisan-Al-Arab, editor: Ahmad Fars, writer of Al-Javaeb, Dar-Al-Fikr-Al-Tabaeh, Dar-e-Sadir, Beirut, 1414 A.H.

13.Isfahani, Hussein-Ibn-e-Mohammad Raqib, single elements of Qur'an, editor: Safavan Adnan Davoudi, Dar-Al-Elm, Lebanon, 1412 A.H.

14.Ansari, Morteza-Ibn-e-Mohammad Amin, books written about one-fifth levy on properties, the greatest master, Ansari's celebrated congress, Qom, 1415 A.H.

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of the obligations of law, researcher and editor: researchers of household institution and publication, Qom, 1409 A.H.

16.Sabzvari, Seyyed Ali-Ibn-e-Abdolali, one-fifth levy on properties, The Grand Ayyatollah Sabzevari's office, Baghdad, 1424 A.H.

17.Tabatabei, Mohammad Hussein, standards of the exegesis of Qur'an, Islamic Publications, Qom, 1300 A.H.

18.Tousi, Abou-Jafar Mohammad-Ibn-e-Hasan, Al-khalaf, edited by Khorasani and et.al, Islamic Publication Office, one of the branches of the society of tutors of Qom theological school, Qom, 1407 A.H.

19.Amili (the first martyr), Mohammad-Ibn-e-Makki, Albayan, edited by Hasoun Mohammad, Mohaqeq publications, Qom, 1412 A.H.

20.Amili, Mohammad-Ibn-e-Ali-Mousa, ordinance of the law in the description of Shari'ah, researcher and editor: Al-Albeyt institution, Beirut, 1411 A.H.

21.Farahidi, Khalil-Ibn-e-Ahmad, Kitab-Al-Eyn, edited by Dr. Makhzoumi, Mehdi and et al, Hijrat publication, Qom, 1410 A.H.

22.Najafi, Mohammad Hasan, the essence of speculative theology, researcher and editor:

Qouchani, Abbas and et al, Dar-Al-Teras, Beirut, 1404 A.H.

23.Hashimi Shahroudi, Seyyed Mahmoud, book written about one-fifth levy on properties, office of Islamic encyclopedia about the religion of households, Qom, 1425 A.H. 24.Tabatabei, Yazdi, Seyyed Mohammad Kazim,

the true faith of the strongest support, edited by Mohseni Sabzevari Ahmad, Islamic publication office of the branch of the society of tutors of Qom theological school, Qom, 1419 A.H.

Law-books and discourses

25. Alavi, Seyyed Jafar, acquired utilities or categorical utilities, Islamic observations' discourse, serial number 88/1, Mashhad, 2014. 26.Meibodi, Mohammad Fakir, exegesis of the

simultaneity of the holy verse of Khoms, scientific-research quarter, interpretative researches, No 10, p.15, Qom, 2014.

Sites and software

27.Hazrat-e-Valiasr research institution, sites of the removal of paradoxes

Referências

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