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

May 10, 2017 by Admin Posted in All Q&A, Khums Tagged #20% (1/5), Anfal, Dhimmi, Dhurriyyat, Khums, Nisab, One-Fifth, sadaqah, Zakat

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. Read More

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

May 9, 2017 by Admin Posted in All Q&A, Khums Tagged Annual Expenses, Earning, House, Khums, Land, Profit, Social Statutes 4 Comments

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:

I have to pay only on purchase price Rs. 1200,000?
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?
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?
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).
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]

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]
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]
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.
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.

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

May 9, 2017 by Admin Posted in All Q&A, Khums Tagged Adil, Ithna Ashari, Khums, Mujtahid, Sadaat portion, Sahm, 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).

Zakat and difference between Sayyid and non-Sayyid holms

May 7, 2017 by Admin Posted in All Q&A, Zakat Tagged Eid, Fidya, Fitra, Hashimi, Ishkaal, Kaffara, Khums, Non-Sayyid, Sadaqa, Sayyid, Zakat, Zimma

Question 040: What is the relevance of differentiating between Sayed holms and Non-Sayyed holms. I have never seen or heard of it until recently? Is one supposed to pay more than the other? There were two holms boxes at Eid prayer. One for Non-Sayyed and the other for Sayyed. So, I wanna know about Zakat and difference between Sayyid and non-Sayyid holms?

Answer 040: The only difference is that, a person, who is not a Sayyid, cannot give fitra to a Sayyid, and if that Sayyid is his dependent, he cannot give to another Sayyid either.

Whoever is adult, sane and is neither unconscious, nor poor, nor the slave of another. He should give, on his own behalf, as well as on behalf of all those who are his dependents. Read More

Zakat of Gold and Silver and its criterion

May 6, 2017 by Admin Posted in All Q&A, Zakat Tagged Coin, Gold, Khums, Nisab, Ornament, Silver, Transaction, Zakat

Question 039: In Sunni tradition, any pure gold a person possesses, even as given as a gift, one must pay a yearly zakat based on its weight. Does the same tradition apply to the Shia?

Answer 039: If gold or silver meet the criterion of being made into coins, and are in currency for transactions, are in one’s possession, and reach the taxable limits, zakat will apply. If these coins are made into ornaments and used by women as ornaments, (E.g., necklaces and bracelets) then zakat will no longer apply.

If gold or silver 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. Based on this, since the gold used today isn’t used as currency, zakat does not apply to it.

If the gold or jewelry being used isn’t for the woman’s ornamental needs, or exceeds their social status, and a khums year passes, it will be subject to khums.[1]

[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. 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. Tawdih al-Masa’il (annotated), vol. 2, pp. 128-132. Makarem Shirazi (inquiry from office). Makrem Shirazi, Sistani, and Saafi Golpaygani (inquiries from offices).

Khums on household items received from parents

May 6, 2017 by Admin Posted in All Q&A, Khums Tagged Dowry, Gift, Household Items, Jahaiz, Jahez, Khums, Mahr

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.

Obligatory of paying khums on wife’s dowry

May 6, 2017 by Admin Posted in All Q&A, Khums Tagged Dowry, Jahez, Khula, Khums, Mahr, Talaq

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.

Number of things which are Makruh for a person observing fast

May 5, 2017 by Admin Posted in All Q&A, Fasting, Things which are Makrooh Tagged Fast, Hammãm, Kissing, Makruh, Musk, Ramadan, Surma

Question 566: Could you explain those acts which are makruh for a person observing fast?

Answer 566: There are a number of things which are disapproved for a person observing fast. They are as follows: Read More

Wiping performed on socks invalidates Wudu

May 5, 2017 by Admin Posted in All Q&A, Wudhu Tagged Ahlul Sunnah, Severe Cold, Shoes, Socks, Taqiyyah, Tayammum, Wipe, Wudu

Question 037: What is the ruling in Jafari fiqh about making wudu over socks or are we supposed to take the socks off every time we make wudu?

Answer 037: According to all maraja, wiping performed on socks or shoes is void. If one is unable to remove his socks or shoes because of severe cold, or fear of life, or a robber and the like, there would be no problem to wipe on socks or shoes, and then his wudhu is considered as valid. If there was so cold but one would have enough time to perform his wudhu later under normal condition (on time of prayer) it is impermissible to wipe on the socks and shoes.

According to most of Ahlul Sunnah, wiping on the socks and shoes is permissible, even you are under normal condition. As a result, what the reason which is behind the permissibly of wiping on the socks and shoes is on the time when you are under Taqiyyah, according to Shia scholars.

Note: Ayatollah Sistani (ha) says: according to an obligatory precaution, one can wipe on the socks or shoes, and then perform tayammum. If a person is under Taqiyyah (hiding one’s faith), it would be enough for him to wipe on his socks and shoes.[1]

[1] . Tawzih al-Masael (with annotation), Sayyid Roohullah al-Moosavi al-Khomeini, Vol. 1, Pg. 159, question 259, eighth edition, 1424 A.H. – For further information in this regards, please refer to: Moghniyah, Muhammad Javad, Al-Fiqh ‘ala al-Madhahib el Khamsah, Vol. 1, Pg. 37; Makarem Shirazi, Naser, Shia Pasokh Midahad (Shia Answers), Pg. 207.

Doubts (shakk) during prayer whether wudu was performed or not

May 5, 2017 by Admin Posted in All Q&A, Rules of Prayer, Wudhu Tagged Doubt, istibrã’, Namaz, Prayer, Shakk, Taharat, Wudu

Question 036: If one gets Doubts (shakk) during the salah that wudu was not taken, should one break the salah to perform wudu?
Answer 036: If a person doubts during prayer (namaz) whether he has performed wuhu or not, his prayers is void, and he must perform wudhu and then pray. If a person is sure that he has performed wudu but doubts whether he has committed an act which invalidates it or not his wudu would be considered as valid.

If a person doubts whether his Wudhu has become void, he should treat it as valid. But, if he did not perform Istibra after urinating, and performed Wudhu, and thereafter some fluid was discharged about which he was not sure whether it was urine or something else, his Wudhu will be void.

If a person doubts whether he has performed Wudhu or not, he should perform Wudhu.

If a person is sure that he has performed Wudhu, and has also committed an act which invalidates Wudhu (e.g. urinating), but does not remember which happened first, he should act as follows: If this situation arises before his Namaz, he should perform Wudhu. If it arises during Namaz, he should break it and perform Wudhu. If it arises after Namaz, that Namaz will be valid, but for the next prayers, however, he should perform Wudhu.[1]

[1]. Tawzih al-Masael of maraja (with annotation), Sayyid Roohullah al-Moosavi al-Khomeini, Vol. 1, Pg. 179, question 301, eighth edition, 1424 A.H. http://www.sistani.org/english/book/48/2157/; The Official Website of the Office of Sayyid Sistani, Rules regarding Wudhu.