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.

The difference between Sayyid and Mirza

April 6, 2017 by Admin Posted in All Q&A, Islamic Laws Tagged Fatima Zahra, Hashim, Khums, Mirza, Sadaqa, Sayyid

Question 562: Assalamu alaikum dear brothers and sisters. I was curious about the difference between Sayyid and Mirza, coz I read that both titles indicate the holy lineage.

Thank you

Answer 562: 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].[5]

[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] . Adopted from answer 352.

Obligatory of Khums on savings exceeds ones expenditure

March 28, 2017 by Admin Posted in All Q&A, Islamic Laws, Khums Tagged Agricultural work, Earning, Expenditure, Industry, Khums, Lona, Money, Research, Savings, Teaching, Trade

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.