A Study of the Necessity of Payment of Khums with a View to Verse 41 of Chapter Al-Anfal and the Narrations of the Ahlulbayt (AS)

Among the important and pratical but contended topics which have been discussed and debated by Muslim jurists is the subject of Khums. The contention among the various schools of law revolves around the word "ghanimtum" (gained) in verse 41 of chapter al-Anfal. Shia and Sunni schools unanimously believe that Khums is payable on what is acquired or gained in a war. In other words, Khums should be paid from the spoils of war. However, the most important difference is that the Sunni Muslims claim that Khums should be paid specifically from the spoils of war whereas Shia Muslims are of the view that it is payable on anything which is gained. As well, Sunnis believe that the share of the close relatives are for the Banu Hashim where as Shiites are of the view that the entire Khums is for the family of the Prophet (S) and their descendants.
The importance of Khums as a religious obligation and then as something that helps maintain justice and the controversy that exists as to what things khums can be paid from, make it necessary to reinvestigate this subject based on the foregoing verse as well as on the reports transmitted in this regard.