The Grand Ayatollah Sistani’s Fatwas About “Khums”

Shafaqna English- The Grand Ayatollah Sistani’s Fatwas About “Khums”.

Question 1: Is it permissible to use the Sihm-e Imam (a.s.) in charitable projects while there are tens of thousands of believers who are in need of bread, cloths, etc.?

Answer: In using the Sahm-e Imam (a.s.), it is important to consider the principle of priorities. It is a matter of obligatory precaution, the determination of “most important vis-à-vis the more important” should be left to the discretion of the most learned jurist who is well informed about the general situation.

Question 2: Some governments are committed to providing housing for the needy under specific circumstances. Is it permissible for a Muslim to buy a house in which he resides for a short time (so that he will not be liable for khums [on that house]), and then he gives it out on rent so he can then go and live in a house subsidized by the government?

Answer: Khums is not waived from a house just by living in it for a short while without actually being in need of it, as has been presumed in the question.

Question 3: Is it permissible to use the Sahm-e Imãm (a.s.) without seeking the permission of the marja‘ if a person can ascertain the need of any kind for its use with which the Imam (a.s.) would be pleased?

Answer: It is not permissible; and one cannot attain the approval of the Imam (a.s.) by using his portion of the Khums without seeking the permission of the most learned Marja‘ —in that it is possible that the Marja’s permission is part of the approval of the Imam (a.s.).

Question 4: If a person acquires wealth without having worked for it , like, if someone gives him a gift, and that wealth exceeds his own annual expenses, does he have to pay Khums from the excess.

Answer: Yes, it is obligatory to pay Khums from it, if a year runs over it.

Question 5: What is the difference between Khums and Zakat?

Answer: Both are obligatory; Khums is on the surplus to annual expenses. If your income exceeds the annual expenses of yourself and your family, Khums (20%) should be paid from the excess. As for Zakat, it is payable on cattle, crops and silver, raisins and dates in accordance to the Islamic rulings.

Question 6: Is it obligatory for a woman to pay Khums on the cash amount that she receives from her husband as Mahr (dowry)?

Answer: It is not obligatory.

Question 7: Can we give out of Sahm-e-Imam , as a donation to a hospital, that totally runs on charitable donations and is a non-profit making organization?
Can I give my Sahm-e Imam to a local mosque for its reconstruction and renovation?

Answer: You can spend the portion with permission from a Marja’ Taqlid or with permission from his representative (Wakil).

Question 8: I am sayed and my brother is poor. He needs money to support his family and children. Can I give him my Sahm-e Sadat from my khums?

Answer: Generally, it is permissible to give him Sahm-e Sadat.

Question 9: Can I give Khums to my parents?

Answer: It is not permissible as they are your Wajibun-Nafaqa; i.e. it is obligatory for you to provide for their food, clothing and medical expenses, if they do not have a source of income.

Question 10: Is it obligatory to pay Khums from my jewellery?

Answer: If you have used them within a year after you bought them or received them as gifts, Khums is not payable on them.

Question 11: Is Khums payable on my last year’s bank balance?

Answer: Khums is not payable, if you paid Khums from your balance last year.

Question 12: Is Khums payable on the money which I have lent to my friend?

Answer: If a year has passed over it, Khums should be paid from it, when its possible and able to obtain the money.

Question 13: Is Khums payable on kitchen utensil, household gadgets, sofa and appliances?

Answer: If they are used within the first year, Khums is not be payable on them.

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