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Tuesday 24th of May 2022
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RELIGIOUS EDICTS KHUMS

NOTE!


These religious edicts (Fatawa) are based on the views of 
Grand Ayatullah Al-Khoei. 
The views of Grand Ayatullahs: A1-Sayyid Al-Gulpaygani, AI-Sayyid Al-Seestani 
and AI-Sayyid Al-Rouhani are mentioned only where they differ from those of 
Ayatullah AI-Khoei .

KHUMS

  • Al-Sayyid AI-Khoei: Khums is due on the land bought from a Muslim by people of the book (thummi).  It makes no difference whether it was an empty or cultivated land, nor is it exclusive to land  but  also  houses, baths or shops. It also applies if transfer of ownership was a result of compensation or a gift.
  • Al-Sayyid Al-Gulpaygani: It is wajib on he who sold it, but does no apply to other forms of transfer of ownership, unless it was a precondition on the thummi.
  • Al-Sayyid Al-Seestani: It is doubtful that the Khums in its traditional meaning is due in this case.

 

TYPES OF KHUMS

  • Al-Sayyid AI-Khoei: The half which belongs to Imam (as) in the time of occultation, must be refered to his representative (Marja'a), the trusted faqeeh who knows its venus of spending, either by paying directly to him or seeking his permission to spend it in the manners agreeable to him (as), such a s towards the needs  of mo'min Sayyids. Its  a   mandatory precaution to have the intention of on giving on his (as) behalf, and priorities of importance must be taken into account. At this time it must be towards upholding the religious principles, preaching the holy message, enlightening the unguided and to reconciles between Muslims and so on.

 

TO WHOM KHUMS MUST NOT BE PAID

  • Al-Sayyid AI-Khoei: As an obligatory precaution, Khums must not be  given  to  the  dependents of the giver. Yes it is allowed if the giver is not obliged to spend on the dependents.

 

AREAS WHERE KHUMS MUST BE PAID

  • Al-Sayyid AI-Khoei: One must pay Khums on what remains of one's (and family) annual expenditure, from profit accrued from industries, agriculture,  trade,  rentals and acquisition. Indeed it is probably obligatory on any profit made through gifts,   presents,   inheritance,  as  well  as growth made on private and public waqfs and an unaccounted   for   inheritance. Apparently it is not obligatory on dowries or divorces  compensations.  As a precaution, Khums must be paid on what remains of one's annual need from Khums or Zakat already paid to him / her,  It must be paid on any growth on such income.
  • Al-Sayyid Al-Gulpaygani:  No Khums in what remains from annual expenditure of what has been earned through Khums or Zakat. Yes, khums is obligatory on any growth on such income.
  • Al-Sayyid Al-Seestani:  On general consent, no khums on what has been earned through khums or zakat.
  • Al-Sayyid Al- Rouhani: It is an obligatory  precaution to pay khums on an  unexpected   inheritance, gifts and money which has been mentioned in the will, if the amount is large.  However, no khums is due on small gifts and it is doubtful if it is due on what is earned through  khums,  zakat, penalties, compensations or such like.

 

KHUMS AND LOAN

  • Al-Sayyid Al-Khoei: It is doubtful that the giver of khums should regard a loan he    owes to the receiver as pan of khums. It is an obligatory precaution to seek permission from the Marja'a..
  • Al-Sayyid Al- Gulpaygani: If the giver owes money to the receiver then he can regard this as part of khums.  In the share of the Imam (as) it is up to the Marja'a.

 

WHO DESERVES KHUMS

  • Al-Sayyid AI-Khoei: In our days (period of occultation) khums is divided into two halves. One half is for the Imam (as), and the other half is for Bani Hashim, their orphans, their poor, and their travellers.   These types of (sayyids) should all be believers. Orphans must be poor, and it is enough for travellers to be poor during their travel even if they were rich in their own country, but can't travel back.  It is obligatory to consider that his / her travel is not sinful, nor must they be given more than what takes them back home. There is no need to pay them all equally. A poor person should not be paid more than his annual need. Bani Hashim are those who are descendants  from Hashim through fathers. If  through  mother then, khurns is  forbidden, whilst zakat is allowed. No difference in Bani Hashim  between  Alawi, Aqeeli or Abassi, even though the Alawis or indeed Fatimis should have priority.

 

PARTLY  ILLEGITIMATE INCOME

  • Al-Sayyid AI-Khoei:  If  part of the money  is acquired  through haram means; is indistinguishable from that which is acquired through halal means, and neither its amount nor  its owner are known, then it is precautionary to spend it with wider intentions than just  compensation  of khums. If the amount is known, but the owner is not, then it should be given as a charity (sadaqa) on his / her behalf, whether the haram money is equivalent to khums or less or more.   As an obligatory precaution the permission of the Marja'a should be sought. If the owner is known but the amount is not, then they should agree through reconciliation. If the owner rejects the settlement, it is allowed to pay him the lowest identified  sum. Otherwise, it is to be referred to a religious jurist for settlement, in this case the owner accepts or he is to be forced by the jurist.If both the owner and the amount are known, the money should be paid to him and the settlement is to be reached through mutual agreement.
  • Al-Sayyid Al-Gulpaygani: The money becomes halal after khums is deducted as realistic obligation.
  • Al-Sayyid Al-Rouhani: The recomended precaution is to spend it with a wider intention than compensation and khums

 

VARIOUS OWNERS

  • Al-Sayyid AI-Khoei: If  the  amount  is known but the owner is not one person in particular, then a settlement with all owners is sought which must satisfy all of them. If this is not possible then the problem can be resolved in various ways, the most preferable of which is by lottery. The same rule applies if the amount is not known whilst the owner is more then one person.
  • Al-Sayyid Al-Gulpaygani: It is obligatory advisable to settle it with all of them, or distribute the sum on all of them equally.
  • Al-Sayyid Al-Seestani: That sum whether it is large or small must be given as charity (sadaqa) on behalf of the owners and its a precaution to seek the permission of the religious jurist.
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