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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.
Source: AL NOOR
