do not know any of them that made it obligatory in three different situations:

First: It is taken from the disbelieving soldiers during war and other conditions mentioned in the books of biographies. It is collected in them. It is taken from the rebels [as is evident] from the action of „Ali in the Battles of Jamal and Nahrawān. It is also taken from a land tax (kharāj) and transactions (muā’malat). It is taken from the people of debt.

Second: Precious stones, which are priceless treasures and minerals; such as gold, silver, copper, and other metals taken from the sea, such as pearls, coral, etc.

Third: It is taken from the fishing grounds and the sea. There is no established evidence concerning any differences from the remaining reasons; such as trade, agriculture and other things.

The established proof is from the statement of the Exalted: {And know that whatever booty you acquire [in war], one-fifth thereof belongs to Allah, the Messenger, the near of kin, the orphans, the needy, and the wayfarer. [This you must observe] if you believe in Allah and in what We bestowed from on high upon Our slave on the day when the true was distinguished from the false – the day when the two hosts met in battle. And Allah has the power to will anything} (Q. 8:41). [This is also in] the well-known hadīth: ((There‟s a fifth paid on precious stones)). These are priceless treasures. Some of them include precious metals.

Some of our companions necessitate [that khums be taken from] herbs, firewood, and vegetables from war booty and wastelands. If Allah desired that the fifth be taken from everything, it would have been known regarding what you have appropriated from something and what you have acquired. When He says: {whatever booty you acquire [in war]}, we know that it is what you have appropriated from war booty and other than war booty.

Regarding other than war booty, it is not obligatory. We do not know the proof of the obligation of the fifth except from the aforementioned verse, the aforementioned hadīth, and a narration of „Ali, upon him be peace, that it is obligatory to [pay a fifth] from metal and makes a collection of 4000 fish in the sunnah. This is not obligatory on businesses or other than what we have mentioned. Allah knows best!

Fifth Issue: Is it permissible for women to visit the graves, can she do so along with men?

Regarding the visitation—We do not find any proof to suggest that a woman should be barred from visitation. It is even narrated that Fātima, peace be upon her, visited the grave of her uncle al-Hamza, may Allah have mercy on him.

Regarding women going with men—Visitation [of the graves] is a recommended act for women and men as long as there‟s no prohibited actions. However, whoever does not do so is shameless and there is no modesty in them; unless people of firm religion (ahl ad-dīn) abstain from it and investigate the basis and their reasons for the deviation.

Sixth Issue: Who are the People of the House?

We addressed this in the previously under the “First Issue” section.