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Who is Sayyid? Rules concerning Sehme Sadaat

Question 352: Assalam o alAikum. Who are syed? According the Holy Quran?

I asked this question because of the concept circling in India and Pakistan about Masoom syed and non Masoom syed. As per my understanding Imam Mehdi as is the last know syed of Hazrat Fatima as blood line.
I do not understand the concept of non Masoom syed blood line.

Regards

Answer 352: In Arabic, the word ‘Sayyid’ simply means Mister, Honorable and Head. In Islamic terminology, it is an honorific title denoting those who are accepted as descendants of Hashim through the Daughter of the Holy Prophet (pbuh), Hadhrat Fatimah Zahra (sa) and Imam Ali (as).[1]

Those who are descendant of Imam Ali (as) through Hadhrat Abbas (as) or Muhammad Hanafiyyah are respectfully called Sayyid. The same way is for those Hashemis who are accepted as descendant of Ja’far al-Tayyar and Aqil.[2]

Although, those who are descendants of Laday Fatimah Zahra (sa) through their mothers are Sayyid, but the term Sayyid is not exclusively related to the children of Hazrat Zahra (sa), because those who are accepted as descendants of Hashim and His generations are also considered as Sayyid. What the only difference is in regards to some rules like Khums that are considered as haram to those whose mothers are Sayyida, only. This means that those children of Sayyida mothers are surely descendant of the Holy Prophet (pbuh),[3] but a non Sayyid father are referred to as Mirza.

According to this following verse of the Holy Quran “Assert their relationship to their fathers; this is more equitable with Allah” it is prevalent and customary that a childs name and race are followed by his father, however ascribing the child to his mother is certainly true as well.[4]

One of the important thing we should take into consideration is that a child whose mother is sayyida but non Sayyid father is only allowed to use Sadaqa, though Khums is not given to him.[5]

Note: Khums should be divided into two parts. One part is Sehme Sadaat, it should be given to a Sayyid who is poor, or orphan, or who has become stranded without money during his journey. The second part is Sehme Imam (A.S.), and during the present time it should be given to a Mujtahid, who fulfils all conditions, or be spent for such purposes as allowed by that Mujtahid. As an obligatory precaution, that Mujtahid must be Aalam, and well versed in public affairs.[6]

Sayyid and non-Sayyid on the Day of resurrection:  1) There is no difference between Sayyid and non-Sayyid in doing their duties and canonical responsibilities as they are equal without having any superiority over each other. Because, the Holy Quran says: “Surely the most honorable of you with Allah is the one among you most careful (of his duty) Surely Allah is Knowing, Aware”.  2)  Sayyids due to their descendant ascribed to the Holy Prophet (pbuh) have more responsibility toward observing their Islamic responsibilities and duties.[7]

For further information in this regards, please refer to the following answer:

Index: The difference between Sayyid and Mirza, answer 562.

Index: Zakat and difference between Sayyid and non-Sayyid holms, answer 040.

Index: Impermissibility of giving Sadat portion of Khums to a non-Ithna Ashari Sayyid, answer 041.

Index: Khums in the Holy Quran and Traditions / Things on which Payment of Khums is Obligatory, answer 043.

[1] . Qurashi, Sayyid Ali Akbar, Qamous Quran, Vol. 3, Pg. 350, Dar al-Kutub al-Islmaiya, Tehran, sixth edition, 1992;  Ṭurayḥī, Fakhr al-Dīn, majma al-Bahrain, Vol. 3, Pg. 71, Murtadhavi Bookstore, Tehran, third edition, 1996;  Arabic and Farsi Farhang Abjad, Pg. 507.

[2] . Khamenei, Sayyid Ali, Ajwabat al-Istiftaat, Pgs. 216-217;  Golpayegani, Saayid Muhammad Redha, Majma al-Masael, Vol. 1, Pg. 392, Dar al-Quran al-Karim, Qom, eighth edition, 1409 A.H.

[3] . Majlesi, Muhammad Baqir Biharul Anwar, vol. 10, Pg. 349, H 9, Al-Wafa Institution, Beirut, 1404 A.H. Tawzih al-Masael of maraja (annotated by Imam Khomeini), Vol. 2, Pg. 89, Q 1009.

[4] . Surah, al-Ahzab, verse 5.

[5] . Kulayni, Muhammad bin Yaqoub, al-Kafi, Vol. 1, Pg. 539, H. 4, Dar al-Kutub al-Islamiya, Tehran, 1986;  Kulayni, Muhammad bin Yaqoub, al-Kafi, Vol. 1, Pg. 539, H. 4, Dar al-Kutub al-Islamiya, Tehran, 1986;  Surah, al-Ahzab, verse 5.

[6] . The Official Website of Sayyid Sistani (ha), Rules concerning Khums, issue 1843.

[7] . Surah al-Hujurat, verse 13;  Majma’ al-Masael, Vol. 1, Pg. 393.

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Obligatory of paying Khums or Zakat upon Goldsmith

Question 328: Asalamualaikum. Dear Sheikh,If I am a goldsmith ,is it halal/haram for me to give zakat from my earning from such business(i.e.gold)? Thank you

Answer 328: This question has different assumable cases:

1- If gold meets the criterion of being made into coins, and is in currency for transactions, is in one’s possession, and reach the taxable limits, zakat will apply.[1] But if these coins are made into ornaments and used by women as ornaments, e.g., necklaces and bracelets, then zakat will no longer apply.[2]

Note: Zakaat [obligatory charity] must be paid on gold if it reaches the Nisaab [i.e. the minimum amount liable for Zakaah], which is 20 Mithqaal [a measure which equals 70 grams of pure gold, according to most of scholars], this means that one should pay ½ a Mithqaal as Zakaat, i.e., 2.5% of the value of gold. If 4 Mithqaal is added to the previous mentioned value, 2.5% of gold should be paid again as the liable amount of Zakaah.[3]

2- If gold do not meet the criteria mentioned above, like in the case where they aren’t used as currency in transactions, then zakat will not apply. [4] Based on this, since the gold used today isn’t used as currency, zakat does not apply to it.[5]

However, if a khums year passes and you have other required conditions (which have been mentioned in Tawzih al-Masael of maraja’ (ha)), you are just supposed to pay Khums.

For further information in this regards, please refer to the following answer:

Index: Zakat and difference between Sayyid and non-Sayyid holms, answer 040.

Index: How to calculate Khums on a house purchased with Sahm e Sadat, answer 046.

Index: Khums in the Holy Quran and Traditions / Things on which Payment of Khums is Obligatory, answer 043.

Index: Obligatory of paying knums on wife’s dowry, answer 042.

Index: Obligatory of paying Khums on a plot of land you have the intention to sell it, answer 567.

Index: Impermissibility of giving Sadat portion of Khums to a non-Ithna Ashari Sayyid, answer 041.

Index: Khums on household items received from parents, answer 038.

Index: Obligatory of Khums on savings exceeds a person’s expenditures, answer 559.

Index: Zakat of Fitrah, Zakãt al-Abdan (or Zakãt of Bodies), answer 045.

Index: Things on which Payment of Zakàt is Obligatory or Recommended, answer 044.

Index: Zakat of Gold and Silver and its criterion, answer 039.

[1] . An inquiry from the office of the Supreme leader; Imam Khomeini, Tawdih al-Masa’il (annotated), researched and corrected by: Bani Hashemi Khomeini, Sayyid Mohammad Hosein, vol. 2, pp. 128-132, Islamic Publications Press, Qum, eighth edition, 1424 AH.

[2] . Tawzih al-Masael of maraja’ (with annotation of Imam Khomeini (ra)), Vol. 2, Pg. 129.

[3] . Tawdih al-Masa’il (annotated), vol. 2, pg. 131; Sistani and Saafi Golpaygani (inquiry from their offices); Zanjani: “Gold and silver coins used as currency that women use as ornaments, if are still commonly used in transactions as currency, are subject to zakat, but if they aren’t commonly used in transactions as currency, zakat will not apply, but it is still a recommended precaution to pay their zakat as well.” Tawdih al-Masa’il (annotated), vol. 2, pg. 130.

[4] . Tawdih al-Masa’il (annotated), vol. 2, pp. 128-132.

[5] . Makarem Shirazi (inquiry from office).

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How to calculate Khums on a house purchased with Sahm e Sadat

Question 046: A member of Ask Islam group contacted me privately about a situation that was brought to him for advice. There is a need for at least 2-3 academically credible sources, which Inshaa’Allah should include references from some of the Grand Marja’ (rulings from Sistani, Makram Shirazi and Khamenei are specifically being requested).

History: A brother, took financial responsibility for some of his extended family. He had an uncle, an aunt, three nieces, and a nephew who were financially dependent on him because his uncle (the head of the family) had a debilitating disability which left him paralyzed. This brother paid for the families expenses.

The house they lived ended up in a court dispute. The family thought the house belonged to them while some other party claimed it didn’t. After a court battle, it was found that the house did not in fact belong to the family that was living in it. The owners came to the house and told the family that they either had to immediately vacate the home or purchase the home. It would have caused great hardship for the family to move due to the uncles disability however they didn’t have any money to purchase the house either, as they were already financially dependent on the brother due to the disability.

Some family members and the uncle approached the brother and asked him to purchase the house since he had the means. The brother did not have the means but he did have some savings that he used in addition to an allocation of Sahm e Sadat that he had arranged for the family with the permission of the marja they followed. With the combination of his savings and the khums, the brother was able to purchase the home, where the family was able to live.

After some time, one of the daughters died, the uncle died, the aunt died, and the two remaining daughters were able to get married. There was only one family member left in the home, which was the teenage son.

The brother came into some financial troubles and needed to sell the house. The son is currently under the financial care of the brother as the child is an orphan.

Since, the home was originally purchase with a share of Sahm e Sadat, the brother has a few questions. He not only has concerns about the orphans well-being but he has concern about the share of Sahm e Sadat used to buy the home originally.
Questions: Should the Sahm e Sadat that was used to purchase the home be returned to the marja or should the brother give it to the orphan son that remains? The child has no inheritance as his father was financially dependent on the brother.
In addition, the home sold for a much greater price than it was purchased for. Does the brother need to add any inflation to the amount of Sahm e Sadat, when he pays it to either the marja or the orphan, in order to make things right?

Is there any other information that the brother needs to know in order to financially settle the son or the marja that he is religiously bound by fiqh? He wants to make sure that there is nothing he needs to worry about in the grave, he wants to make sure hes not being unjust.

If there is any additional information needed, please reach out for me. I know many more details and if there are details I don’t know, I can get them. Please, also see the financial breakdown below:

Brothers Personal Share – Rs 640,000

Sahm e Sadat – Rs 290,000

Buying Price of the House – Rs 930,000

Selling Price of the House – Rs 1,600,000

Profit from the Sell – Rs 670,000

Answer 046: The first order of business is to pay the amount of 498,924 to the orphan. The Sahm e Sadat that was arranged for the family to help purchase the house remains with the family. The orphan is the remaining member so, it should be paid to him. There is inflation on the original 290,000 due to the selling price of the house and the formula is as follows:

290,000 x 1,600,000 ÷ 930,000 = 498,924.

The second order of business is that khums must be paid to the brother’s marja on the remaining money of 1,101,076. The amount that he is to pay to his marja is 220,215. 1/5 or 20% is the amount that is used to figure the amount of khums and the formula is as follows:

1,600,000 – 498,924 = 1,101,076 x 20% = 220,215.

The amount must be paid to the orphan before the amount of khums is paid. The brother’s share of the selling price of the house is 880,861.

1,600,000 – 498,924 = 1,101,076 – 220,215 = 880,861.

498,924 – Orphan

220,215 – Khums

880, 861 – Profit.[1]

For further information in this regards, please refer to the following answers:

Index: Islamic Laws / Khums.

[1] . While these formulas are agreed upon among all Grand Maraja’, this particular scenario and the formulas used to reach these figures were confirmed by the Office of Ayatollah Makarem Shirazi (ha).

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Khums: Rules concerning Awl and Ta’sib

Question 324:  Salam sheikh…what is awl and tasib…i just asked bcs you know im not too familiare with shia beliefs

Answer 324: In the book of Islamic inheritance there has been mentioned two important issues regarding Ta`síb and Awl. Shia and Sunni have different opinion in this regards. According to some verses of the Holy Quran and narrations from Ahlul Bayt (pbuth), Shia unanimously believe that Awl and Ta’sib are null and void.[1]

If the surviving heirs of a deceased inherit by Fard, they shall inherit in one of the following ways.

Firstly, If the inheritance of the deceased is equal to the prescribe shares without any surplus or deficiency, as when the heirs are the parents and several daughters, then two-thirds shall go to the daughters and a third to both the parents, a sixth going to each of them.

Secondly (Ta’sib), if the inheritance exceeds the amount of the shares, the surplus shall return to the sharers, and it shall not go to the Asabah of the deceased, that means every male who is related to the deceased directly or indirectly through males.

If the heirs are confined to a single daughter and the mother, the daughter shall get a half by Fard and the mother a sixth by Fard, and the surplus shall revert to both of them in fourths in proportion to their shares.

If the heirs are confined to several daughters and the mother, the daughters shall get two-third by Fard, and the mother a sixth by Fard, and the surplus shall revert to the daughters and the mother in fifth in proportion to their shares, and the Asabah shall get dust (i.e. nothing).

Thirdly (Awl), if the inheritance falls short of the amount of shares, and that happens by the inclusion in the heirs of one or two or more daughters or one or two or more sisters by both subjected to Awl in proportion to all due to their inclusion. If the heirs of the deceased are confined to a daughter, husband and both parents, the prescribed shares of the husband and both the parents shall be given to them, and the deficiency, that is half of the sixth (of the deficiency, which is a fourth of the estate, shall fall on them. The same shall happen in other similar cases as well.

The surplus shall not revert to the following shares:

  1. The wife in general. So she shall be given her prescribed share, and the residue shall revert to the other classes including even the Imam (as).

The Husband, he shall be given his prescribed share, and the residue shall go to the other heirs, except when the heirs of the deceased are confined to him and the Imam (as), in which case a half of the estate shall revert to him in addition to his own prescribed share.

The mother, when there is someone excluding her from the return, as has already been mentioned.

The brothers or sisters by mother in all circumstances in the presence of anyone of the parental grandfathers or grandmothers, or anyone of the brothers or sisters by both parents or by the father, as already mentioned.

The male children or the female children accompanied by male children inherit by virtue of Qarabat. Same is the case with a father provided the deceased has left no child.

The same is the case with the grandfathers and grandmothers in general, or the brothers or sisters by both parents or by father provided there are some males among them. The same is the ease with all the groups belonging to the Third Class from among the paternal uncles and aunts and their children, who inherit by Qarabat, and net by Fard.

If an heir inheriting by Fard is combined with one inheriting by Qarabat, then the sharer shall get his prescribed share and the residue shall go to the hair inheriting by Qarabat. If both the parents are combined with the male or female children, both the parents shall get their prescribed shares, that is, two-sixths, and the residue shall go to the children by Qarabat. If both the parents are sole heirs, then the mother shall get a sixth if combined by a Hajib and a third by Fard in his absence, and the residue shall go to the father by Qarabat. If one or several sisters by both the parents combine the maternal grandfather or grandmother, then the sister or sisters shall get the prescribed share, and the residue shall go to the grandfather or grandmother by virtue of Qarabat. Similar is the case with ethers than those mentioned.[2]

Ta’sib: according to Ahlul Sunna, the six kinds of shares determined in the Qur’an at times equal the whole estate, such as two daughters along with parents (2/3 + 1/6 + 1/6). Here the question of ‘awl and ta’sib does not arise, because the two daughters will take two-thirds and the parents one-third.

At times the total of the shares does not exhaust the whole estate, such as the case of a single daughter, whose share is half, or two daughters, whose share is two-thirds. This (in Sunni schools) results in ta`sib.

When the total shares exceed unity—such as when the husband, the parents and the daughter inherit together, the share of the husband, the daughter and the parents being one-fourth, one-half and one-third respectively—the estate cannot cover all the three shares together. This results in `awl. `Awl will be discussed in the second chapter.

Awl: According to Ahlul Sunna, `awl is applied where the shares exceed the heritage, such as where the deceased leaves behind a wife, parents and two daughters (the shares being, the wife’s one-eighth, the parents’ one-third, the two daughters’ two-thirds; here the estate falls short of the sum of one-eighth, one third and two-thirds 127/24]). Similarly, if a woman dies and leaves behind her husband and two agnate sisters, the share of the husband is one-half, and that of the sisters two-thirds; here the estate falls short of the sum of half and two-thirds (7/6). ‘Awl occurs only if the husband or the wife is present.

The schools differ regarding the issue. Will the deficit, in such a case, be diminished proportionately from the shares of all the sharers, or will it be diminished from the shares of only some of them?

The four Sunni schools accept the doctrine of ‘awl, the rule that all the shares will be diminished proportionately, exactly like the creditors’ claims when the assets fall short of meeting them. Hence if the heirs are wife, parents and two daughters, according to these schools it will be an instance of ‘awl. The obligation is met by dividing the heritage into 27 parts, though it earlier comprised 24 parts. The wife will take 3/27 (i.e. her share becomes 1/9 instead of 1/8), the parents take 8/27 and the daughter 16/27.

[1] . Al-Kafi, Vol. 7, Page 79, Chapter: Ibtalel Awl; Wasael al-Shia, Vol. 26, Pgs. 73-75, Publisher Alul Bayt; Oyoun Akhbar al-Ridha (as), Vol. 2, Pg. 165; Elalul Sharae’, Vol. 2, Pgs. 567-569; Man La Yahdhurul Faqih, Vol. 6, Pg. 123-124; Ibid, Vol. 4, Pg. 256.

[2] . Tahrir al-Wasilah of Imam Khomeini, Vol. 4, Pgs. 44-46 (English version)

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Khums in the Holy Quran and Traditions / Things on which Payment of Khums is Obligatory

Question 043: What is khums and what is it paid on? Please give examples of things on which Khums is payable?

Answer 043: Khums literally means “one-fifth or 20% (1/5)”. In Islamic legal terminology, it means “one-fifth of certain items which a person earns by means of trade, industry, agricultural work, research or any other ways of earning, like, if he earns some money by working in a government department, and if it exceeds the annual expenses for maintaining himself and his family, he should pay Khums (i.e. 1/5) from the surplus, in accordance with the rules.

Khums (or one-fifth of one’s income) is what has been ordained by Allah, the Exalted for Prophet Muhammad (pbuh), and Prophet’s Dhurriyyat (or Descendants), May Allah increase their blessed number, in place of Zakãt which is considered to be the filth of the people’s hands, (i.e. the dirt of a person’s earnings or belongings), in view of the veneration in which they are held. One who denies its payment, although a Dirham, shall be considered among the perpetrators of oppression on them and usurpers of their rights.[1]

A Tradition has come down from Imam (Jafar) al-Sadiq, our Master, Peace be upon him, which says: “Verily Allah, (and) there is no god but He, when prohibited Sadaqah for us, sent down Khums for us. So Sadaqah is prohibited for us, and Khums which is obligatory and an honour for us is lawful for us.” Similarly, there is another tradition that has come down from the same Imam, Peace be upon, which says: “No human being (lit “slave’ of Allãh) who buys something with (the commodity of) Khums has the right to say ‘O Lord, I have bought it with my own property, unless he is permitted to do so by those entitled to receive Khums.” [2] Likewise, there is a Tradition that has come from Imam Abu Ja’far (i.e. Imam Baqir), saying: “It is not lawful for anyone to buy anything with (the commodity of) Khums , unless our right has reached us[3][4]

Now here is a discussion about the things on which payment of Khums is obligatory, those who are entitled to receive it, and the procedure of its distribution among them, and Anfal (spoils of War).

Khums is one of the mandatory rites of the religion of Islam and it is an essential obligation like Jihad. The importance given by the Quran to the issue of Khums can be understood from the following verse: “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, – if ye do believe in Allah and in the revelation We sent down …”.[5]

It should be noted that the rules regarding certain important obligations like fasting and Hajj have been given in very few verses of the Holy Qur’an. There are not more than three or four verses about them in the Qur’an. Likewise the Qur’an has not made mention of the obligatory parts or segments of such obligations, their basic elements, conditions etc. that are important. All those details have been relegated to the Prophet (saws) and his righteous successors.

The grand religious authorities (Jurists) relying on Qur’anic verses as well, as traditions have said that Khums is obligatory on the following seven things:

  1. Profit or gain from earning. The Saving after the Yearly Expenses for himself and his Family. The saving may be from the industry, agriculture or business profits or any other earning, even if by occupation of ownerless lands, growth or produce, rise in prices, etc. which fall under the denomination of earning. Caution must not be given up by taking out the Khums on every profit, even if it does not fall under the category of earning as gifts, presents, rewards, unexpected inheritance, or anything owned by an approved Sadaqah, although the absence of application of Khums to other than profits falling under

earnings is not devoid of force, as Khums does not apply to any inheritance, dower or ransom for Khul”, and so caution is better. So also Khums is not applicable to any property owned by payment of Khums or Zakãt, even if it exceeds the yearly expenses.

If, however, the property is kept with the intention of getting profit or growth on it, payment of Khums shall be obligatory on it, but not in all circumstances.

  1. Minerals. The criterion in their case is the prevalent custom. They include the gold, silver, lead, iron, copper, mercury, all kinds of precious stones, coaltar, petroleum, sulphur, brass, antimony, arsenic, salt, bituminous coal, rather, according to the more cautious opinion, including lime (-stone) red stone, clay for washing (head) and the Armenian clay. In case there is doubt as to its being a mineral, there shall be no Khums on it from this consideration. It is a condition in a mineral that, according to the more cautious opinion, after deducting all the relevant expenses on its mining and refining it should amount to twenty Dinars or two hundred Dirhams itself or in value.
  2. Treasure trove (A Hidden Treasure). The criterion for deciding about it is the prevalent custom. When its owner is not known, regardless whether it lies in an area of the infidels, or in an undeveloped land or a wasteland in a Muslim territory, and irrespective of the fact whether it has some vestiges of Islam or not, in all these cases it shall belong to the person who explores it, and he shall be bound to pay Khums on it. Of course, if a person finds a hidden treasure in land belonging to himself after it has been purchased by him or any other way, he should inform about it to the previous owner in case it is likely to belong to him. In case the previous owner has also no knowledge about it, he should inform the owner to whom the land belonged before the previous owner till it reaches a person who is also ignorant of it or who is not likely to own it, then the treasure shall belong to the person who has explored it, and he shall be bound to pay Khums on it, if its value has reached twenty Dinars when it contains gold or two hundred Dirhams when it contains silver, or either of them when it contains something else.
  3. Amalgamation of halal wealth with haram. If a lawful thing is mixed up with unlawful, while there is no knowledge about its owner at all, even if in a limited quantity, likewise without any knowledge about its exact quantity, in that case Khums shall be charged on it. If there is knowledge about its quantity as well as its owner, it shall be returned to the owner, and the person returning it shall not be charged Khums. Rather, if a person knows that it is in a limited quantity, to be more cautious, he should get himself exonerated. If it is not possible, then according to the stronger opinion, he should cast lots. If the person does not know about its owner, or it were in an unlimited quantity, he shall give it in charity with the permission of the ruler (or judge) to any one he likes when he does not suppose it to belong to a particular person. Otherwise, he should not give up caution by giving it in charity to that particular person, provided that he must be one entitled to receive it. Of course, it is of no use to suppose that it belongs to a particular type when it is in a limited quantity. If the person knows about its owner, but is ignorant of its quantity, he should get himself exonerated by means of a conveyance with the owner. According to the more valid opinion, this type of Khums is also to be spent like other types.
  4. Anything found by diving. Everything which is taken by diving like pearls, corals etc which is known to be obtained by diving shall be liable to payment of Khums when its value reaches a Dinar or above, regardless of whether they belong to the same category or not and whether they have been taken out in one attempt or many attempts, so that they shall be merged with one another, and once their total value amounts to one Dinar, payment of Khums shall be obligatory on them.

In case the things are found by a collective effort of several persons, it shall be treated at par with the identical case of minerals.

  1. Spoils of war. Whatever is taken by force, or even by way of stealing and deceit, when they have been during the war, and are included in the affairs of war, or from those who have waged war (against Muslims) and it is lawful to shed their blood or loot their property, make their women and children captives, when the war with them has been waged with the permission of the Imam, regardless of what has been gathered by the army or what has not been occupied by it as the land or the like, according to the more sound opinion. As regards the spoils of war which has been waged without the Imams permission, if it were done in the presence of the Imam and the possibility of obtaining the Imam’s permission, it shall be treated as part of Anfãl (spoils of war). As regards the spoils during the war during the (Twelfth) Imam’s Occultation and without the possibility of obtaining his permission, according to the stronger opinion, payment of Khums shall be obligatory on it, particularly when the war has been waged for invitation to Islam. The same rule shall apply in case of the booty that has been collected from the enemies during defence when they have invaded the areas inhabited by the Muslims, even during the Imãm’s Occultation. The same rule shall apply to what has been collected from the enemies by theft or deceit other than what has already been mentioned.
  2. As commonly held, a land which a zimmi (a non-Muslim living under the protection of Islamic government) purchases from a Muslim. If a Dhimmi purchases a land from a Muslim, he shall be bound to pay Khums for it that will be taken from him forcibly in case he is not ready to pay it willingly, irrespective of its being a farmland, a garden, a house, a public bath (or Hammãm), a shop, a guest house, etc. provided that a sale and purchase transaction has taken place for its land independently. If, however, its concern with the land is secondary, as, for instance, the object sold was a house or a Hammäm, then, according to the stronger opinion, its land shall not be charged Khums. Now, does the obligation for the payment of Khums apply exclusively in case a land is transferred through purchase, or it applies generally to other commutative contracts as well, is a question on which there is hesitation, it would be more cautious to incorporate a stipulation in the commutative contract regarding the amount of Khums of land payable on it, so that it may be enforced in case the payment of Khums (in such cases) is not established. Once the payment of Khums is established in a case, it is not lawful to incorporate a stipulation to drop it .So if a Dhimmi incorporates a stipulation in the commutative contract with a Muslim to the effect that Khums shall not payable by him or that it shall be payable by the seller, it shall be void. Of course, if the Muslim incorporates a stipulation in the agreement that he shall pay the Khums on behalf of the Dhimmi it shall be valid. If the Dhimmi sells it to another Dhimmi or a Muslim, payment of Khums shall not thereby be dropped, as also it shall not drop if the Dhimmi embraces Islam subsequent to purchasing it. According to the more valid opinion, such type of Khums shall be spent like other types of Khums. Of course, according to the more valid opinion, there is neither any Nisab for it, nor any Niyyat even for the ruler, whether at the time of its receipt or at the time of its payment.[6]

However, what is frequently asked about and is an issue faced by most Muslims across the world concerns the first part, profit or gain from earning, about which the jurists say, “If a person earns by means of trade, industry or any other ways of earning, like, if he earns some money by offering prayers and fasting on behalf of a dead person, and if it exceeds the annual expenses for maintaining himself and his family, he should pay Khums from the surplus in accordance with the rules.”[7]

For instance, if an employee receives his first salary at the end of January and spends all his annual income in a regular manner for maintaining himself and his family until the end of the month of January of the next year, Khums is not payable on his income. In case his income exceeds the annual expenses for maintaining himself and his family at the end of January next year (though he may economized and been frugal or for example he has deposited it in his bank account), he should pay 1/5th of it to the office of the Marja (qualified Mujtahid) whom he follows so that he (Marja) will have to spend it for such purposes as deemed appropriate by him.

[1] . Asrar e A’le Muhammad (pbuth), translation of the book Salim, Pg. 683; Tafsir Furat, published in Tehran, Pg. 169, H. 217; Shawahid al-Tanzil, Vol. 1, Pg. 336, H. 345; Amali, Tusi, Vol. 2, Pg. 174, majlis 3, quoted from Imam Sadiq (as) from His faother Imam Sajjad (as).

[2] . Mustadrak al-Wasael, Vol. 7, Pg. 288.

[3] . Ibid, Vol. 4, Pg. 337.

[4] . Tahrir al-Wasilah of Imam Khomeini, Vol. 1, Pg. 334; Ibid, Pg. 395; For more information regarding other traditions  narrated from the Infallibles Imams (pbuth), please refer to: wasael, Vol. 9, Pgs. 484-536-540-541, 337-550-503-483-545 & Ibid, Vol. 10, Pgs. 289-334; Urwat al-Wuthqa, Q. 50,78,80.

[5] . Surah al-Anfal, ayah 41.

[6] . Tahrir al-Wasila of Imam Khomeini (ra), Vol. 1, rules regarding Khums; Tawzih al-Masail, vol. 2, p. 7, issue No. 1751.

[7] . Tawzih al-Masail, vol. 2, p. 7, issue No. 1752.

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Obligatory of paying Khums on a plot of land you have the intention to sell it

Question 567: I am Muqallid of Ayatullah Khamenei. I purchased 03 plots of land with some years installments from housing schemes to save money and for good return of savings or for my own house because I have no house.

I paid installments with the money on which khums was not paid. Many years has been passed after the completion of installments.
For example; I paid installments for one plot from my yearly savings from 2007 to 2010 and paid Rs. 1200,000 to purchase the plot. Until now I have not paid khums on it, now I want to pay. My questions are as follows:

  1. I have to pay only on purchase price Rs. 1200,000?
  2. Should I pay on current price which is more than three times now from purchase price; have to pay immediately or I should wait for year completion after selling?
  3. If I have to pay khums on plot price which was in 2007 or 2010 (Rs. 1200,000), but kindly note that due to inflation, now in 2017 currency rate has been dropped. Should I calculate currency rate difference also? If yes then which standard have to follow USD or gold rate etc?
  4. What is ruling if I sell them and use amount to make or purchase my house because I don’t have house and I need it in future (currently I am in my employer provided residence).
  5. Out of 03 plots one plot I am purchasing in installments (2-3 years savings) with pure intention of constructing my own house and no intention to sell it, what about its khums? I cannot make house with one year savings.

Answer 567: 1. According to Ayatollah Khamenei (ha), if a person purchases a plot of lands with the profit earned by him, to sell it later in order to buy or build a house, it is obligatory on him to pay Khums on it at the end of the year. And if he does not pay Khums, and the value of the property increases, he should pay Khums on its current value.[1]

  1. Since, the khums year had already passed in which the items were purchased, by money which was subject to khums and you didn’t pay Khums on them, and their values of them increased, you should pay Khums on their current values, immediately.[2]
  2. Khums should be calculated with the current price at the time of paying khums. For example, if the estimated value of the plot is now about 10000,000 though you had already paid 1200,000, you have to calculate its khums (i.e. 1/5) based on the current estimated value (10000,000).[3]
  3. You have to pay khums on the plots first then buy a house. Because, many years has been passed and you purchased the plots with the money on which khums was not paid.
  4. Ayatollah Khamenei says in this regards, if a person who has no house but a plot of land that he bought it with the profit earned during a year and with the intention to construct a house on it, paying khums is not obligatory on him, unless he sells it. But, if he bought it with the intention to sell it later for buying a house, it is obligatory on him to pay its khums. In this regards, there is no difference if it is a plot of land or two and more, because the importance is the need for building a house on it (that shouldn’t exceed his social statutes), and without having the intention to sell it. [4]

Conclusion: if you bought a plot with the profit earned during a year and have the intention to construct a house on it, paying khums is not obligatory on you, unless you sell it. Otherwise, if you bought it with having the intention to sell it later for making more profit by which you can buy a house you are recommended to pay its khums based on the current value.[5]

[1] . Refer to: The official website of Ayatollah Khamenei, rules regarding Khums.

[2] . For more information in this regards, please refer to the official website of the office of Sayyid Sistani (ha), rules concerning Khums: Profit from earning.

[3] . The official website of the office of Ayatollah Bahjat (ra), Istiftaat, Khums, Q. 314.

[4] . The official website of Ayatollah Khamenei, rules regarding Khums; Ajwabat al-Istiftaat (available in Farsi language), Pg. 198, Q. 937; Ibid, Pg. 209, Q. 976.

[5] . For more information, please refer to: Tawzih al-Masael of maraja’, Vol. 2, Pg. 101, Q. 1026; Tawzih al-Masael, Ayatollah Makarem, Q. 1502.

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Impermissibility of giving Sadat portion of Khums to a non-Ithna Ashari Sayyid

Question 041: Can the Sadaat portion of khums be given to a non-Ithna Ashari? For example, can it be given to a Sunni Sayyid?

Answer 041: According to all maraja’ point of view, it is impermissible to give the Sadaat portion of Khums to a non-Ithnā’ ashariyyah Sayyid.[1]

Khums can be given to a Sayyid who may not be A’dil, but it should not be given to a Sayyid who is not Ithna ‘Ashari.

If a person claims that he is a Sayyid, Khums cannot be given to him unless two just (A’dil) persons confirm that he is a Sayyid, or if he is so well-known among the people, (as Sayyid) that one is sure and satisfied about him being a Sayyid. [2]

Sahme (portion) Sadat should be given, as an obligatory precaution, to the Marja whom he follows or be given to poor Seyyeds (Athnā‘ ashariyyah) with the permission of the Mujtahid, according to most of maraja’.[3]

Note: Khums should be divided into two parts. One part is Sahme (share of) Imam (a.s.), and the other is Sahme Sadat. When it comes to paying Sahme Sadat, Grand jurists such as Sistani, Tabrizi (r.a) and Saafi do not consider the Mujtahid’s permission to be necessary; [thus, he can pay it to poor and faithful Sayyids (Twelver) without obtaining their permission.] Ayatollah Bahjat (ra) and Makarem (ha) said: obtaining your mujtahid’s permission is necessary, according to an obligatory precaution.[4]

[1] . Tawzih al-Masiel al-mohasha (with connotation), Vol. 2. Pg. 61,question 1837.

[2] . The official website of the office of Sayyid Sistani (ha), rules concerning Disposal of Khums.

[3] . Grand Ayatollahs Fazel Lankarani (r.a), Noori Hamedani, Makarem Shirazi, Bahjat (r.a) and Wahid Khurasani.

[4] . For further information refer to: Portal Anhar Website & Official website of Ayatollah Bahjat (ra).

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Khums on household items received from parents

Question 038: Am I obligated to pay khums on household items, such as: clothes and gold jewelry that I have received from my parents at the time I got married? Is the literal term called jahaiz, considering the fact that I know khums of that money was not paid?

Answer 038: If you are sure that the khums year has passed in which the items were purchased, by money which was subject to khums, and khums was not given, it would fall to you to give khums on such items. Otherwise, there would be no problem to use them.

Note: No Khums is payable on what one spends from his profit during the year on dowry on daughter. If a person cannot prepare all the dowry for his daughter at the time of her marriage, and has to do so over a few years, and if it is deemed unbecoming for him not to give away any dowry, Khums will not be liable on what he purchases during the year, provided it is within his means. But if he exceeds his means, or spends the profit of one year to buy the dowry in the following year, he will pay its Khums.[1]

For further information in this regards, please refer to the following answers:

Index:  Obligatory of paying knums on wife’s dowry, answer 042.

[1] . The official website of the office of Sayyid Sistani (ha), rules regarding Khums: Profit from earning.

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Obligatory of paying khums on wife’s dowry

Question 042: Is paying khums obligatory on my wife’s dowry? For instance, is paying khums obligatory on dishes kept in showcase that may not be used?

Answer 042: According to most of maraja’, since dowry is considered as gift or it will be used in the future, payment of khums is not obligatory on it. It is regarded as those things on which payment of khums is obligatory, according to some of maraja’.

The grand maraja’ answer regarding this question is as follows:

Grand Ayatollah Khamenei (ha): Paying khums is not obligatory on dowry.

Grand Ayatollah Makarem Shirazi (ha): Khums is not obligatory on those things which are usually regarded as necessities of life, though they have never used yet.

Grand Ayatollah Sistani (ha): Yes, Khums is payable on it. But, if the things that haven’t used yet are usually regarded as necessities of life by which people entertain their guests there would be no need to pay their khums.[1]

Note: There is no Khums liability on Mahr which a wife receives, nor on the property, which a husband gets in exchange of divorcing his wife by way of Khula, and the same rule applies to the property which one inherits according to the genuine laws of inheritance[2].[3]

[1] . The official website of Sayyid Sistani (ha), q&a, Khums, Q. 67.

[2] . Ibid, rules regarding Khums: Profit from earning, Q. 1763.

[3] . For further information in this regards, please refer to: Tahrir al-Wasilah of Imam Khomeini, Vol. 1, Pgs. 359-360, Q 177; Tawzih al-Masael of maraja’, Vol. 1, Pg. 253, Q 1777; Istiftaat, Vol. 1, Pg. 353, Q 28; Istiftaat of Ayatollah Bahjat (ra), Vol. 3, Pgs. 35-36, Q 3498-3499; Ajwabat al-Istiftaat, Pg. 191.

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Obligatory of Khums on savings exceeds ones expenditure

Question 559: Assalamulaikum. I have a question regarding Khums on savings exceeds ones expenditure, please. A person has taken a bank loan, and spent the money. The loan is being paid back by monthly installments. The person is able to pay the monthly installments and has enough extra from the monthly salary to put into a savings account. Is khums payable on the savings, given that the loan repayments is still ongoing.

Thank you

Answer 559: One of the thing which the khums is obligatory on is profit or gain from earning. This means, if you earn by means of trade, industry, agricultural work, teaching, research or any other ways of earning, and if it exceeds the annual expenses for maintaining yourself and your family, you should pay Khums (i.e. 1/5) from the surplus, in accordance with the rules mentioned in Tawzih al-Masael of maraja’.

Therefore, you are supposed to pay Khums after a year has passed since you gained, on the savings which exceeds your expenditure as well as paying the monthly installments of the loan for that year.[1]

Note: In case the saving is used to purchase the essential things and meet the expenses, Khums would not be payable on it, if it is spent (two or three months) shortly after the khums year to meet those needs.[2]

[1] . The official website of the office of Syyid Sistani, rules concerning Khums.

[2] . Tawzih al-Masael of maraja’ (annotated by Imam Khomeini), Vol. 2, Pg. 79, Q 909.