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.

Permissibility of getting Divorce when your partner has lied

February 19, 2017 by Admin Posted in All Q&A, Divorce Tagged Divorce, Dowry, Honesty, Immoral, iqa'at, Lie, Mahr, Misunderstanding, one-sided contract, Sayyid, Taliq, Truthfulness, زَوْجَتِى فٰاطِمَةُ طالِقٌ

Question 295: Salam, I am a shia- asnashari recently as per islamic gudielines I married a girl who claimed to be a syed, (had seen isteqara based on the name as given in profile but her name was different) after marriage I found that neither the girl is a syed, was married earlier and there is no compatablity and as this marriage is based on falsehood I want to divorce her, (dowry is not a issue as I have not demanded any thing before or after marriage I am financially well off and dont need any thing) I have paid the mehar at the time of marriage. what is the procedure of initiating a divorce. the marriage lasted less then a week and I have sent her home to her family. I had based this marriage on truth and had not hidden any facts with respect to my age, qualifications, family, income, etc. marriage from my side was based on facts and from her side was based on falsehood. please inform me how to get myself out of this mess.

Answer 295: The biggest capital in a couple’s life is truthfulness and honesty. If there is honesty in a family there would be no ground for any misunderstanding and misconception. The biggest problem can be ironed out through honesty and honest relationships.

On the other hand, wives and husbands must be kind to each other, have forgiveness and overlook the mistakes of one another in order to have a lovely and healthy living.

If the characteristics you’ve mentioned truly exist in their immoral sense in your wife, you should make her recognize such actions with soft, loving and kind words.

If she accepts her faults and truly ask forgiveness of Allah (SWT), then turn to Him you are recommended to forgive her, overlook [her ignorance] and live with each other, as in the holy Quran Allah, the Almighty says: “So pardon them and turn away Surely Allah loves those who do good (to others)”.[1]

Also, we as Muslim are supposed to follow what has been stated by the holy Prophet (pbuh). He (s) says: “The best of you is the one who is best among his family and I am the best to my family among you”.[2] So, you can overlook her ignorance and live together.

If you think it is impossible to live together in any way you are able to divorce her, because divorce is despised when it is done without an acceptable excuse, but if there is a good excuse for divorce, it will no longer be hated, and that is what divorce is for; for when there is no other way out.

How to get divorce:

Divorce is a one-sided contract (which is one of the unilateral obligations “iqa’at“) and it is carried out by the husband unilaterally even though the woman may not consent to it.” Therefore, a man can divorce his wife one-sidedly in accordance with the rules prescribed by the religion.

Divorce contract must be recited with the correct Arabic words in a way such that two just men listen to it. If the man wants to recite it by himself and his wife’s name is Fatimah, he should say:
“زَوْجَتِى فٰاطِمَةُ طالِقٌ”

Which means, my wife Fatimah is freed. If he appoints someone to recite it, the attorney should say[3]:[4]
“زَوْجَةُ مُوكِّلى فٰاطِمَةُ طٰالِقٌ”

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

Index: Living away from home for a long time is not considered as the reason for Divorce, answer 468.

Index: Conditions of divorce and Validity of getting divorce by SMS, answer 423.

[1] . Surah al-Maedah, verse 13.

[2] . Sheikh Saduq, Man la Yahduruhu al-Faqih, vol. 3, pg. 555, Jame’eh Mudarresin Publications, Qom, 1413 AH.

[3] . Imam Khomeini, Tawzih al-Masaeil (al-mohasha), ibid, p 522, question 2508, compiler: Bani Hashemi Khomeini, Syed Muhammad Hussain, the office of Islamic propagation, Qom, eighth edition, 1424 AH.

[4] . Adopted from answer 468 (Index: Living away from home for a long time is not considered as the reason for Divorce).