Jump to content


- -


Photo
- - - - -

Khums


13 replies to this topic

#1 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 15 August 2002 - 10:13 PM

[color=#000000:post_uid0]Salam o Alekum,

What should someone do who has never paid Khums and now wants to pay?

How will he calculate the ammount due?

Lets say he has some cash in bank, used and unused things at home, some junk, clothes, grocery etc. TV, computer and other basic things that are in use?

Where to start.....Any ideas?

#2 Renaissance_Man

Renaissance_Man

    Member

  • Advanced Members
  • PipPipPipPipPipPipPip
  • 5,507 posts

Posted 15 August 2002 - 11:52 PM

[color=#000000:post_uid1]Salaam

Inshallah, this will be useful to you.  From Ayatollah Khamenei:


[b:post_uid1]Mudawarah, Musalah, and Khums's mixture with other things.[/b:post_uid1]

Q 937: Some people have outstanding khums, and at present they are either unable to pay it or its payment would put them to severe hardship. What rule applies to them?


A: They are not relieved of the obligation to pay khums due to mere hardship caused by its payment. It is obligatory for them to pay it in any way they can, though it should be by reaching a settlement {mudawarah} with the authority in charge of khums, or his representative, to make the payments in accordance with their ability in respect of time and amount.


Q 938: I have a house with loan installments on it, and a place where I do business. In order to discharge my shar'i duty, I have fixed a date for the beginning of my khums year. Would you please exempt me from the khums pertaining to the house, since it is the place where my family lives, though I shall make khums payments on my business place in accordance with my ability.


A: Khums does not apply to the residential house referred to in the question. However, the place of business is liable to khums, even though it should be in gradual payments, provided a mudawarah settlement is made with one of our authorized representatives.


Q 939: A person living abroad has not paid his khums. He has purchased a house with money whose khums has not been paid. At the moment, he does not have sufficient funds to pay the khums that he owes. However, he pays an amount in excess of his khums each year to compensate for his unpaid khums. Is this an acceptable procedure?


A: Under the assumption in the question, a mudawarah arrangement is obligatory concerning his khums liability, after which he must try to pay it off gradually, and the amount he has paid till now is acceptable.


Q 940: A person owes outstanding khums from the gains of several years of earnings, and he has not paid any khums. He also does not remember the amount of khums he has to pay. Now how can he discharge his obligation in respect of khums?


A: It is obligatory upon him to assess of all his possessions that are liable to khums and pay it. In cases of uncertainty, it is permissible to reach a compromise {musalahah} with the authority in charge of khums or his representative.


Q 941: I am a young person living with my family. My father does not pay his required khums and zakat, and he has even built a house with usurious money. The unlawfulness of the food that I eat at home is obvious. Considering that I cannot leave my family, please explain my obligation in this matter.


A: Assuming that you are certain that your father's assets are mixed with riba {usury}, or that you know that he has not paid his obligatory khums or zakat, that is not a sufficient reason for you to be certain of the unlawfulness of what he spends and what you consume of his assets. As long as you are not certain of its unlawfulness, you are not forbidden from using them. Of course, if you are certain of the unlawfulness of what you are using from his assets, then that is not permissible for you, unless separation from your family and stopping living with them would cause haraj for you, in which case you are allowed to use their assets. However, you will be liable for khums or zakat on the items that you use and liable for those which belong to others.


Q 942: I am certain that my father does not pay his khums and zakat and I have reminded him in that regard. But he said, "We ourselves are in need of it, and so it is not obligatory on us to pay khums and zakat." What is the rule in this case?


A: If he does not have assets liable to zakat or to khums, neither khums nor zakat is obligatory on him, nor is it your obligation to investigate concerning the matter.


Q 943: We do business with some people who do not pay khums, nor do they keep a yearly account. We transact and trade with them and pay visits and dine with them. What is the ruling concerning this matter?


A: In case of certainty of presence of khums-liable money in the assets that you acquire from them through sale or purchase, or which you use while visiting them, it is not permissible for you to dispose them, and the transaction will be in the amount of outstanding khums in what you acquire from them through sale and purchase. Moreover, you must obtain permission from the authority in charge of khums or his representative. This is the case, unless refraining from associating with them and declining their food and use of their assets would create an undue hardship, in which case you are allowed to use them. But you will be liable to khums on what you dispose of their assets.


Q 944: Is it obligatory to deduct khums from the amount saved to buy or build a residential house from the gains of earnings?


A: It is obligatory on the mukallaf to determine its khums if his khums year expires before it is used for buying or building the house.


Q 945: If someone donates to a mosque an amount of money from khums-liable funds, is it permissible to accept this money from him?


A: If one is certain of presence of unpaid khums in the money donated, it is not permissible to accept it. But, if taken, it is obligatory to remit the amount of khums to the authority in charge of khums or to his representative.
Q946: What is the rule on associating with Muslims who are not particular about religious affairs, especially prayers and khums? Is there a problem in eating in their houses? In case there is, what rule applies to someone who has done it several times?


A: There is no harm in associating with them if it does not imply endorsing their indifference to religions matters, unless avoiding their company would be effective in making them observant of religions matters. In that case, temporary disassociation is necessary for the sake of the duty to enjoin to good and forbid from evil {amr bil-ma`ruf and nahy anilmunkar}. As to using what belongs to them, such as their food, etc., if you are not certain that they are not liable to khums, it is not prohibited. Otherwise, it is not allowed without the permission of the authority in charge of khums.


Q 947: A friend has invited me on many occasions to dine with her. But I recently discovered that her husband does not pay khums. Is it permissible for me to eat at someone's place who does not pay khums?


A: There is no objection to dining with them as long as you do not know that the food that they serve is khums-liable.


Q 948: A person intends to assess his assets for the first time in order to pay their khums. What would be the rule in regard to the residential house that he has purchased if he does not know what money he had paid for it? And if he knows that he had purchased it with flinds saved over several years, what would be the rule?


A: If he does not know how he bought it, as per precaution it is obligatory to reach a compromise {musalahah} about its khums on a certain amount with the authority in charge of khums. But if he had purchased it with money liable to khums, it is obligatory on him to pay khums on its present value, unless he purchased it with borrowed money and paid off his debt with the khums-liable money in which case he must pay khums on the money he used to pay off the debt.


Q 949: A cleric in a town has collected a sum of khums money from the public. But it is difficult for him to deliver the original money to you or your office, May he transfer it through the bank, considering that the money will be received from the bank is not the same currency that he submitted to the bank in his town?


A: There is no problem in delivering khums money or other religious funds through a bank.


Q 950: If I purchased a land with khums-liable money, is it permissible to perform prayers on that property?


A: If the purchase of the land is with funds liable to khums, containing unauthorized khums money, it requires the permission of the authority in charge of khums, and it is not permissible to perform prayers on that land without his permission.


Q 951: If a buyer knows that a thing he has purchased is liable to khums and the seller had not paid it, is it permissible to use it?


A: Provided that the sold item contains khums, the transaction on the amount of unauthorized khums money depends upon the permission of the khums authority.


Q 952: A shopkeeper does not know whether or not the customer with whom he has dealings has paid khums on his money. Is he required to pay khums on that money?


A: As long as he is not aware of the presence of khums in the money that he receives from the customer, he is not liable, nor is he required to investigate the matter.


Q 953: If four people, for example, put together a hundred thousand tumans in a partnership to invest in production, and one of them does not pay his khums, is partnership with him valid? Can they receive such a person's money (as an interest-free loan) for investing if he does not pay khums? In general, if a number of people are partners, is it obligatory upon each one of them to pay khums on the profits independently, or should they pay it from their joint fund?


A: Partnership with a person whose capital is liable to khums and he has not paid the khums pertaining to his money is unlawful to the extent of the khums amount. He must refer to the authority in charge of khums. It is not permissible to use the joint capital if some of the partners have not paid its khums. In the event that some of the persons draw profits from the joint capital, each one of them is liable to khums of his share in excess of his annual expenditure.


Q 954: What is my duty if my partners do not keep a yearly account?


A: It is obligatory on each one of the partners to pay the shar `i liabilities of his share, in order to have a lawful access to their joint assets. However, if the rest of the partners are not paying their shar `i liabilities, and dissolving the partnership or withdrawing from the rest of the partners would impose undue hardship on you, then you are allowed to continue in your joint venture.

#3 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 16 August 2002 - 06:55 AM

[color=#000000:post_uid0]Brother Ali786,

Thanks for your kind reply. The following applies to me:

Q 940: A person owes outstanding khums from the gains of several years of earnings, and he has not paid any khums. He also does not remember the amount of khums he has to pay. Now how can he discharge his obligation in respect of khums?


A: It is obligatory upon him to assess of all his possessions that are liable to khums and pay it. In cases of uncertainty, it is permissible to reach a compromise {musalahah} with the authority in charge of khums or his representative.


I am ready to reach a compromise {musalahah} with the representative of the Marje.  But I guess I would still need some assessment of my possessions before I could discuss my case for musalahah.

Khuda Hafiz.

#4 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 21 August 2002 - 01:33 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Brother I think one common misunderstanding of khums is that you pay khums only once in your lifetime. And that you pay out of the profits that you have at the current time. Because if it was out of the profits you have made in your entire life, then you would possible be paying more khums then you took income in that year, leaving you pennyless. Also if you could tell me who your Marja' is Insha Allah I will be able to help in more detail.

Salam aleykum,
Sayed Maher Kassem.

#5 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 21 August 2002 - 05:03 PM

[color=#000000:post_uid0]Sayed Maher,

Salam o Alaykum,

My question is how do you calculate your khums for the first time in life. Do I look at things that are left un-used or do I add everything used and un-used.

Thanks.

#6 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 21 August 2002 - 10:18 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Brother the way of Calculating Khums is counting up all the profit at the end of the year. For example if you have 5000 dollars in the bank, that is profit, and 1000 dollars in Gold, that is something, or 10000 dollars in diamonds, that is something. But Insha Allah if you can tell me who your marja' is Insha Allah I can help you in more detail.

Salam aleykum,
Sayed Maher Kassem.

#7 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 22 August 2002 - 08:30 AM

[color=#000000:post_uid0]Salam o Alekum,

Unfortunately I have never paid Khums. I have some money in my account. Some used and un-used things at home.

The basic formula for calculating Khums that you have given is good for those who pay Khums regularly but for an infortunate soul like me how can I calculate khumas on my assets?

-I understand that I dont have to pay khums on Gifts. So all gifts old and new, used and un-used are out of the way.

-How about clothes/furniture and other things that are in use. They were bought when I was not paying Khums. Are they exemted or do I have to pay Khums on them since I may have bought them from money that had Khums wajib on it?

-There are some things that I have used before but have not used them in the past year. According to "Ahteyat e Wajib" I should pay Khums on them. But since it is Ahteyat e Wajib I can follow other Marje like Sayyed Seestani and not pay Khums (I need confermation on this understanding).

This means that I need to calculate Khums on:

-Money in Bank.....????

-Used Furniture.....???

-Unused things/clothes

-Used and un-used Junk

-Un-used Grocery ????

-Unused books ???

-Other things

Also I need to know if I have to calculate current value or the purchase price. Naturally in both cases all these valuews will be approximate.

Once I have some idea and numbers I can go to the representative (Wakil) and discuss the issue.

Brother this is my understanding and please feel free to correct me if I am wrong at any point.

Khuda Hafiz.



Edited By Orion on 1030045903

#8 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 22 August 2002 - 12:28 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Well brother Orion, Insha Allah this will help you. From what I know about the Fatwas of Imam Khamenie Khums is paid only on the profits. So at the end of the year when you decide to pay khums, whatever you have remaining in your house. For example if you bought 10 bags of groceries for 20 dollars. And you used 9. You dont pay for 10 bags of groceries you would pay for 1. So I guess it would be the unused because the used would not have been concidered profit. And so on and so forth. Insha Allah I will give a more clear reply and more detailed reply now that I have your Marja' but I ask a period of 24 hours and Insha Allah I will have your answer.

Salam aleykum,
Sayed Maher Kassem.

#9 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 22 August 2002 - 02:23 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Brother Orion Insha Allah I have your answer. I read the book on Khums for Sayyed Ali Khamenie and Insha Allah this will answer your questions.

Khums on gifts is not wajib unless it is a money gift and you must give khums on the gift if there is anything remaining on the First day of the new year.

Khums is not wajib on Mehr of any Marriage, (Ie: Muta, Full Marriage contract). It is not wajib on any type, whether it be first dowry or last dowry.

If someone gives you a scholarship or something that has to do with education you do not have to pay Khums on it.
                                                                             
If you made any contracts and the money invested in the contracts is from profits, then you have to pay Khums on the contracts itself and not the money invested.

You are to do khums on everything unused in your home except the stuff mentioned above. Insha Allah this makes things clear. Also I would like to make something clear, if for example your living with your parents and your father bought the computer that is 'yours' you are not liable to pay Khums on it.

Salam aleykum,
Sayed Maher Kassem.

#10 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 22 August 2002 - 02:50 PM

[quote][color=#000000:post_uid0]Well brother Orion, Insha Allah this will help you. From what I know about the Fatwas of Imam Khamenie Khums is paid only on the profits. So at the end of the year when you decide to pay khums, whatever you have remaining in your house.

#11 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 22 August 2002 - 06:33 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Well brother Orion, it goes like this. Khums that has passed you are not responsible for, because as is known you pay Khums only once. So whatever profits you have now, that is what the Khums is paid on, you dont have to worry about the other years, because like I said, if you worry about other years you may be paying Khums that is more then your yearly income and that would leave you pennyless (ie: Haram). Insha Allah that helps you brother.

Salam aleykum,
Sayed Maher Kassem.

#12 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 22 August 2002 - 07:57 PM

[color=#000000:post_uid0]Sayed Maher,

Salam o Aleykum,

Thank you again for your reply and help. Jazak Allah Khaira.

Regarding one thing that you said:

.....you may be paying Khums that is more then your yearly income and that would leave you pennyless (ie: Haram).


One can pay Khums in instalments over say several months or years so there is no question of becoming pennyless. Say if after calculating my belongings, discussing with wakil we come to a compromise that say I need to pay $ 2000 in Khums (This years khums + all past due years khums) I can pay $ 500/year over the next 4 years. This is just an example.

Anyway I may be wrong.
===================

There is a book on Khums on-line. This is what it says:
------------------

[b:post_uid0]I NEVER PAID KHUMS BEFORE[/b:post_uid0]


A person who has never paid khums in his life and then, by the grace of Allah, decides to pay khums, for such a person there are the following possibilities:-


1-It is wajib on him to pay the khums from every item which he has bought, built or planted and which is also in excess to his needs. For example, an apartment bought for renting purpose or a taxi for transportation business.

2-If such items are among his needs (for example, his own house or his own car) then:-

-if he has come to own these items from the profit or the surplus of the income of that same year, then there is no khums on them. For example, in 1965, he earned $ 25,000 and in the same year he bought a car for $ 7,000 from that income, then there is no khums on his car.

-if he has come to own these items from the accumulated surplus of previous years, then it is wajib to pay khums from those items also. For example, from 1960 to 1965, a person annually earned $ 20,000. Then at the end of 1965, he buys a house of $ 80,000. It is obvious that this house was not bought from the income of a single year. In this case, he has to pay khums on $ 60,000 which was definitely from the savings of the previous years.

3-If a person's income was not stable, in some years he had profited and in some he had been in loss, and he cannot determine whether he bought his various properties in the year of profit or loss -- then, such a person should explain his circumstances to the mujtahid and come to a compromise with him about the amount of khums. This can be done by personal contact with the mujtahid or by corresponding with him or his authorized representative. (Most leading mujtahids have their authorized representatives in major parts of the Shi`ah world.)

http://www.al-islam....ices/khums.html
===================

Khuda Hafiz.



Edited By Orion on 1030066441

#13 Sayed Maher

Sayed Maher

    Member

  • Advanced Members
  • Pip
  • 170 posts
  • Location:Canada
  • Interests:Islam.

Posted 22 August 2002 - 08:34 PM

[color=#000000:post_uid0]Salam aleykum,

Salam aleykum brothers and sisters. Well brother I dont know whos Fatwas those are, but I answered according to the fatwas of Imam Khamenie. Brother I have the arabic book, I think that if I was not clear enough then: http://www.wilayah.org - This site can help you Insha Allah. I tried to interpret these to the best of my ability and I pasted what I read. Insha Allah you will know the answer, and Insha Allah you will get this Khums out of the way.

Footnote: Khums is to be paid once brother, according to what I was taught, and what I have read from Khomenie, Khamenie, Seestani, and Khoe (RAJ) its according only to the profits of the year that passed. (Ie: 2002 Paying Khums in 2003) So you would take profits of 2002, but Allahu A'lam, Allah knows best. Insha Allah I will give you my duaa for finding your answer. Insha Allah this website will help.

Salam aleykum,
Sayed Maher Kassem.

#14 Orion

Orion

    Member

  • Advanced Members
  • PipPipPipPipPipPipPipPip
  • 7,979 posts
  • Location:M 42

Posted 22 August 2002 - 09:48 PM

[color=#000000:post_uid0]Sayed Maher,

Salam o Aleykum,

The info. you have provided is of great help. Thank you again for your reply and help. Jazak Allah Khaira.

In a few days I will talk to some ulema to clear all doubts. I will share with you what they said, InshaAllah.

Was-Salam.



Reply to this topic



  


0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users