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Khums (the fifth of spoil)

الخمس (في الغنيمة)

Khums is lexically a fifth; khammasa is to take a fifth; technically it is the fifth of spoil or booty, and takhmis is setting aside the fifth. 1 Related terms: mirba' (the quarter taken by the chief in pre-Islamic raids), safi (what the chief chose for himself before division, including what the Prophet ﷺ chose, such as a sword, a horse or a slave-girl), nashita (what a chief took before division) and fudul (remnants too small to divide among an army). 12 Ruling: setting aside a fifth of spoil is obligatory by agreement, on the Quranic verse of the spoil; setting aside a fifth of fay' is disputed. 23 Property subject to the fifth: spoil taken from unbelievers by force; spoil was lawful to the Prophet's community, and four fifths went to the warriors and the fifth to its beneficiaries. If the spoil is land conquered by force the division is disputed; movable spoil is divided after the salab and expenses are deducted. 3 The Shafiis and Hanbalis give five shares: one for God and His Messenger (for horses, arms, the public good and the stipends of judges and scholars); one for the kin of Hashim and al-Muttalib (by descent, male and female, rich and poor by the majority); one for orphans (by the preferred view poor Muslims); one for the needy; one for the traveller; the beneficiaries must be generally given when enough is available. 456 The Hanafis divide the fifth into three shares for orphans, the needy and the traveller, holding that God's and the Messenger's share lapsed at the Prophet's death; the Malikis leave it to the Imam; some divide it into six; Abu al-Aliya gives God's share to the Kaaba. 6789 Fay' is not divided into a fifth by the Hanafis and Malikis; the Shafiis and Khiraqi divide it, the four fifths going to the frontier soldiers. 10 Spoil: if the slayer takes it, the majority do not divide it; al-Awza'i, Makhul and Ibn Abbas held that it is divided; the Hanafis divide it unless the Imam granted it. 11 Buried treasure: the fifth is due, on the report of Abu Hurayra (may God be pleased with him); its details are under zakat, buried treasure, mine and hoard. 1112

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Summary

Khums is lexically a fifth; khammasa is to take a fifth; technically it is the fifth of spoil or booty, and takhmis is setting aside the fifth. 1 Related terms: mirba' (the quarter taken by the chief in pre-Islamic raids), safi (what the chief chose for himself before division, including what the Prophet chose, such as a sword, a horse or a slave-girl), nashita (what a chief took before division) and fudul (remnants too small to divide among an army). 12 Ruling: setting aside a fifth of spoil is obligatory by agreement, on the Quranic verse of the spoil; setting aside a fifth of fay' is disputed. 23 Property subject to the fifth: spoil taken from unbelievers by force; spoil was lawful to the Prophet's community, and four fifths went to the warriors and the fifth to its beneficiaries. If the spoil is land conquered by force the division is disputed; movable spoil is divided after the salab and expenses are deducted. 3 The Shafiis and Hanbalis give five shares: one for God and His Messenger (for horses, arms, the public good and the stipends of judges and scholars); one for the kin of Hashim and al-Muttalib (by descent, male and female, rich and poor by the majority); one for orphans (by the preferred view poor Muslims); one for the needy; one for the traveller; the beneficiaries must be generally given when enough is available. 456 The Hanafis divide the fifth into three shares for orphans, the needy and the traveller, holding that God's and the Messenger's share lapsed at the Prophet's death; the Malikis leave it to the Imam; some divide it into six; Abu al-Aliya gives God's share to the Kaaba. 6789 Fay' is not divided into a fifth by the Hanafis and Malikis; the Shafiis and Khiraqi divide it, the four fifths going to the frontier soldiers. 10 Spoil: if the slayer takes it, the majority do not divide it; al-Awza'i, Makhul and Ibn Abbas held that it is divided; the Hanafis divide it unless the Imam granted it. 11 Buried treasure: the fifth is due, on the report of Abu Hurayra; its details are under zakat, buried treasure, mine and hoard. 1112

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7856
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7857
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7858
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7859
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7860
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7861
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7862
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7863
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7864
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7865
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7866
  12. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7867
Cite this page

islam.museum contributors. “Khums (the fifth of spoil)”. islam.museum, https://islam.museum/en/concept/khums-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.