Umar's innovation in Depriving Ahlul Bayt from Khums!!

Allah (swt) has clearly stated in the Qur'an that one of the part of Khums belongs to the near relatives of Rasool Allah (saww).

And know that out of all the booty that ye may acquire (in war), a fifth share is assigned to Allah,- and to the Messenger, and to near relatives, orphans, the needy, and the wayfarer.

Al-Qur'an Surah 8, Ayah 41 (Translation by Yusuf Ali)

Thus Khums (literally one fifth of gain) should go to six people:

Allah

His Messenger

The near relative of the Messenger (Ahlul-Bayt)

Orphan

needy

the person who has fallen away from his home-town (and has no money to comeback to his own place).

It was Umar who innovated and changed the rules of Sharia by seizing the right of Ahle-Bayt.

Let's see what the defender of Umar, Maulana Shibli Numani has written in his "Al-Farooq" (page 351, part 2nd, published by Maktaba Rehmania, Lahore).

Shibli Numani writes in Al Farooq:

It is proved from the above verse [8:41] that relatives of Rasool Allah [saww] also have a share in the Khums. Ibne Abbas was of the same opinion. And although Hadhrat Ali didn't give share to Banu Hashim(in the period of his khilafaat), but he was also have this opinion that Banu Hashim had right upon it (Kitabul-Khiraj by Qazi Abu Yousuf, page 11, on the authority of Muhammad bin Ishaq).

And these are not only the opinions of Ibne Abbas and Hadhrat Ali, but there was a consensus of Ahle-Bayt on this. Among the Aima Mujhtahideen (the 4 Sunni imams), Imam Shafii was also of this opinion, and he has written this in his books with great stress.

And it is said about Hadhrat Umar that he never agreed to fact that relatives of Prophet [saww] had also some share in the Khums. That is why he never gave any share to Ahlul-Bayt from the Khums. Among the Aima Mujhtahideen, Imam Abu Hanifa also didn't agree to fact that there is a share of relatives of Rasool Allah [saww] from the Khums.

Abu Hanifa was of opinion that as the share of Rasool Allah [saww] had been ended up after the death of Rasool Allah [saww], in the same way the share of his relatives had also been ended." 

Shibli Numani's defence of Umar and Abu Hanifa

Defence 1: Umar indeed offered the share of Khums to needy people from the Ahlul Bayt

Shibli Naumani in Al Farooq
On the page 353 of the same above-mentioned book, Shibli Numani writes:

"Qazi Abu Yousuf in his Kitabul Khiraj and Nisai in his Sahih have written the following tradition from Ibne Abbas:

Umar bin Khattab offered us that we may take some money from Khums only in order to do marriages of our widows and to pay the debt of debtors among us. But we (Ahlul-Bayt) do not accept anything except to give our whole share in our hands. But Umar didn't accept it."

Reply 1

It's big deception by defenders of Umar that "Khums" was ONLY for the "Needy" people from Ahlul-Bait. During the life of Rasool Allah [saww], every one from relatives of Rasulullah (s) received their share of Khums. For example, Maulla Ali (as) got a horse from Khums in the times of Rasool Allah [saww].

Narrated Ali:

I got a she-camel in my share of the war booty on the day (of the battle) of Badr, and the Prophet had given me a she-camel from the Khums...

Sahih Bukhari, Volume 4, Book 53, Number 324

Who gave the authority to Umar to seize this right of Ahlul-Bayt?

Widows and debtors already come under the 4th category of Khums i.e. NEEDY. Who gave the right to Umar to delete the 3rd category, which was revealed by Allah (swt)? Whatever Umar did, it was contrary to Qur'an and Sunnah and constitutes a major innovation in the Sharia of Allah (swt).

2nd Defence: by advocating the Fatwa of Abu Hanifa that relatives of Rasool Allah saww lost their right of Share from Khums after Rasool Allah (saww)

Shibli Naumani in Al Farooq
On page 354 of the above mentioned book, Shibli Numani writes:

The relatives of Rasool Allah saww got the right of share from Khums while they helped Rasool Allah [saww] in the initial times of Islam at Makka. When Kuffar compelled Rasool Allah [saw]w, then whole Bani Hashim, in which those people were also included who didn't accept Islam at that time, all of them helped Rasool Allah saww].

And also that time when Rasool Allah [saww] came out of Makka and took refuge in a cave, Bani Hashim was with Rasool Allah saww.Due to this Rasool Allah saww and Bani Hashim got share in Khums, and all this was for time being. But from this, if we take this result that there is a share for his relatives till day of judgement, without taking into consideration that how much his progeny progress in number, and how rich they may become, but still they get the money, then it is such a rule which is totally against the other rules of society.

Who can believe that one such Truthful founder of religion can make such a rule that his whole progeny get a fixed amount of money till Day of Judgment. And of some founder of religion does so, then what is the difference between him and the Hindu Brahmans?

Hadhrat Ali and Abdullah Ibne Abbas, who were asking for their right from Khums, they would have also not claimed that this right remains till Qiyammah, but only for those people (among Ahlul-Bayt) who had been left from the times of Rasool Allah (saww)

Reply 1: Did all those, who helped Islam in Makka, get their share from Khums?

Shibli Numani claims, Allah gave the share from Khums to Bani Hashim, while they helped Rasool Allah [saww] during the early period of Islam in Makka and when they sought refuge in the Shaib-abi- Talib. But it is only a Conjecture of Shibli Numani. They helped in Makka, but Sura Infal (which has verse of Khums) revealed in Madina after the battle of Badr.

Secondly, Sunni claim that there were Abu Bakr and others too who accepted Islam in the beginning. They also helped Islam in Makka. Did Abu Bakr get share from Khums? Some of them were even punished severely for accepting Islam, or even they had been killed (like the parents of Ammar Yasir). Did they also get share from Khums? Did Ammar Yasir get share for the Martyrdom of his parents?

So, we cannot accept the CONJECTURE of Shibli Numani. There are surely other reasons for Ahlul-Bayt having share in Khums. Don't forget, Sadaqa is Haram on the progeny of Rasool Allah [saww].

Reply 2: Can a Truthful founder of Religion make a rule for a fixed amount of money for his progeny?

First question is, was it Rasool Allah [saww] who made granting a share of Khums to the Ahlul Bayt or was this ordained by Allah (swt)?

There are people who are indeed Jealous of the blessings that Allah bestowed upon Ahlul Bayt (starting from Bani Ummaiyyah and including many others). Such blessings were also bestowed upon the progeny of Ibraheem [a.s] and all the prophets in Bani Israel came from his [a.s] progeny.

Secondly, Sadaqa was made Haram on the Progeny of Rasool Allah [saww]

Narrated Abu Huraira:
Al-Hasan bin 'Ali took a date from the dates of the Sadaqa and put it in his mouth. The Prophet said (to him) in Persian, "Kakh, kakh! (i.e. Don't you know that we do not eat the Sadaqa (i.e. what is given in charity) (charity is the dirt of the people))."

Sahih Bukhari, Volume 4, Book 52, Number 306

Abu Huraira reported that Hasan b. 'Ali took one of the dates of the sadaqa and put it in his mouth, whereupon the Prophet (may peace be upon him) said: Leave it, leave it, throw it; don't you know that we do not eat the sadaqa?

Sahih Muslim Book 005, Number 2339

(Please see the whole chapters 46 & 47 of Book of Zakat in Sahih Muslim. There are many ahadith, which show that Sadaqa was Haram on Rasool Allah[saww] and his progeny and close relatives)

Defenders of Umar need to tell us, 'who made Sadaqa Haram on the Rasool Allah [saww] and his progeny?'

Allah

Or

Prophet Muhammad [saww] himself?

And can they also tell us why Sadaqa was made Haram on them? The only reason is, Ahle-Bait are chosen by Allah (saww) for this honour. And if defenders of Umar still claim that it was due to the reason that they helped Rasool (saww) initially in Makka, then they have to tell us why it was not made Haram upon Abu Bakr (who accepted Islam in Makka)?

And we ask defenders of Umar to refrain from adopting CONJECTURE, but cite proof from the Qur'an and Sunnah.

At this point, the absence of any proof from the Qur'an and Hadith, makes the Conjecture of Maulana Shibli Numani - FALSE.