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).