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Practical Laws of Islam

  • Rules of Taqlīd
  • Rules on Purity
  • Prayer
  • Fasting
  • Khums
    • Gift, Present, Bank Prize, Dowry, and Inheritance
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      Gift, Present, Bank Prize, Dowry, and Inheritance
       
      Q 847: Are gifts and ‘īd presents subject to khums?
      A: It is not obligatory to pay khums on gifts and presents. Yet it is a caution to pay khums on the remainder after the annual expenditure.
       
      Q 848: Is khums applicable to the prizes given by the banks and ribā-free loan institutions to their customers?
      A: Khums is not obligatory for prizes and gift.
       
      Q 849: Does khums apply to the excess over annual expenses remaining out of the sums of money paid by the Martyrs’ Foundation to a martyr’s family?
      A: Khums is not obligatory for gifts given to the honored families of the martyrs by the Martyrs’ Foundation.
       
      Q 850: Is the maintenance that is paid to a person by his father, brother, or a relative, considered a gift or not? If the donor has never paid khums on his assets, is it obligatory for the receiver to pay khums for the maintenance he receives from the donor?
      A: The application of the terms ‘gift’ and ‘present’ depends on the donor’s intention. In the given case, the receiver is not required to pay its khums.
       
      Q 851: I have given my daughter a residential flat as a trousseau. Is this flat subject to khums?
      A: You do not have to pay khums on the flat you gave to your daughter as a gift provided it is normally considered proportionate to your status and it is done during your khums year.
       
      Q 852: Is it permissible for a person to give money to his wife as a gift before the end of his khums year while knowing that his wife will save the money in order to buy a house in the future or to buy them some necessities of life?
      A: He is allowed to do so, and he is not required to pay khums on the gift he gives to his wife provided the amount is normally proportionate to his social status and that of people like him, he has really given it to her as a gift and not for the purpose of evading of khums.
       
      Q 853: In order to evade payment of khums on their assets, a husband and wife give each other their annual income as gifts prior to the end of their khums year. Please explain the rule concerning their liability to khums.
      A: They are not exempted from the obligatory khums by this type of gift which is a formality and intended to evade giving khums.
       
      Q 854: A person deposited an amount with a Hajj travel agency in order to perform mustaḥabb Hajj, but he died before he could visit the House of Allah, the Exalted. What is the ruling concerning this money? Is it obligatory to spend it for performance of Hajj on his behalf? Is it subject to khums?
      A: The value of the Hajj travel document obtained in exchange for the money deposited in the account of the Hajj agency is considered a part of his inheritance. It is not obligatory to spend it on performing Hajj on his behalf if Hajj was not obligatory for him or he had not made a will in this regard. Regarding Khums, if its Khums has not been paid, paying its Khums is obligatory in the given case.
       
      Q 855: An orchard belonging to someone was transferred to his son as a gift or by the way of inheritance. At that time it was not of much value, but its present market value is much greater than its previous value. Is the excess amount resulting from the price increase subject to khums?
      A: Inheritance and gifts are not subject to khums, nor the money earned from their sale, even if their value increases, unless they have been kept for trading purposes and for the increase in their value. In the latter case, they should – by obligatory caution – pay the khums on the appreciation after selling them.
       
      Q 856: An insurance company owes me an amount in lieu of medical expenses, and I will receive it one of these days. Is it subject to khums?
      A: The amounts paid for treatment and the like from one's income and then, for example, returned by the insurance company, are not ruled as new income; rather, they return the very money of the person. If it is not spent on living expenses until the end of the khums year, it will be liable to khums. However, if it is returned after the end of the khums year, its khums must be paid immediately.
       
      Q 857: Is khums applicable to the money that I have saved from my monthly salary to purchase things for my wedding in the future?
      A: If you have saved the very money you received as your monthly salary, you must pay its khums at the end of the khums year unless you want to buy necessary items for your wedding within several days.
       
      Q 858: It is mentioned in the book Taḥrīr al-Wasīlah that a woman’s dowry is not subject to khums, but it does not specify whether it is for a dowry that is paid at the time of marriage or deferred. Please explain the matter.
      A: In this case, there is no difference between due and deferred dowry, or between cash and commodities.
       
      Q 859: The government gives things as ‘īd gifts to employees some of which remain unused until the year’s end. Although employees’ ‘īd gifts are not subject to khums, as we make partial payment for these things, it implies that it is not fully a gift but something bought at a reduced price. Should we pay khums for the amount we have paid for it or should we calculate its total worth on the basis of its market value to pay its khums? Or is it not subject to khums at all because it is an ‘īd gift?
      A: In the given case, since the government had really given a portion of the things to the employees for free and took money for the other portion, in case the remaining goods equals the protions given by the government for free, it is not subject to khums, but if it is more than that, the extra amount is subject to khums at the actual price.
       
      Q 860: While he was alive, a person recorded in his diary the amount of khums he owed and he was determined to pay it. After his death, his entire family, with the exception of one daughter, refused to pay the due khums, and they are using the estate for their own use and the deceased’s expenses, as well as other things. Please explain your opinion regarding the following matters:
      i. What is the rule concerning the right of the son-in-law or one of the heirs to use the deceased’s movable and immovable assets?
      ii. Is it permissible for his son-in-law or any of the heirs to eat food at the house of the deceased?
      iii. What is the rule regarding the money spent and food eaten by the said persons previously?
      A: If the deceased has provided in the will that a part of his property is to be paid for khums or the heirs are certain that the deceased owed an amount of khums, they are not permitted to use the estate unless they carry out the deceased’s will, pay the khums he owed, or they seriously determine to settle the khums debt and execute the will without carelessness. Their use of the estate before fulfilling the will or paying off his debts in proportion to the amount of the will or debt is considered usurpation and they are liable in regard to their past use.

       

    • Loan, Monthly Salary, Insurance, and Retirement Pension
    • Selling a House, Means of Transportation, and Lands
    • Treasure, Mine, and Ḥalāl Mixed With Ḥarām Property
    • Ma’ūnah
    • Mudāwarah, Muṣālaḥah, and Khums Mixed with other Things
    • Capital
    • The Method of Calculating Khums
    • Determining the Khums Year
    • The Authority in Charge of Khums
    • Sayyids’ Share and How to Be Considered as a Sayyid
    • Areas in which Khums Is Spent
    • Miscellaneous Issues Related to Khums
    • Anfāl
  • Jihad
  • Enjoining the Good and Forbidding Evil
  • Ḥarām Gains
  • Chess and Gambling Instruments
  • Music and Ghinā’
  • Dancing
  • Clapping
  • Non-maḥrams’ Pictures and Films
  • Satellite Television Equipment
  • Theatre and Cinema
  • Painting and Sculpture
  • Magic, Conjuring, and Evocation of Spirits and Jinn
  • Hypnosis
  • Lottery
  • Bribery
  • Medical Issues
  • Teaching, Learning and Their Proprieties
  • Copyrights
  • Dealing with non-Muslims
  • Working for Oppressive States
  • Clothing
  • Treating the West
  • Smoking and Narcotics
  • Shaving the Beard
  • Attending Gatherings of Debauchery
  • Writing Supplications and Istikhārah
  • Religious Events
  • Hoarding and Extravagance
  • Buying and Selling
  • Miscellaneous Issues in Business
  • Rules Concerning Ribā
  • Right of Pre-emption
  • Hiring, Renting, and Lease
  • Surety
  • Pawning and Mortgaging
  • Partnership
  • Presents and Gifts
  • Debt and Loan
  • Ṣulḥ
  • Power of Attorney
  • Mustaḥabb Alms
  • Deposits and Loaned Properties
  • Leaving a Will
  • Usurpation
  • Placement under Guardianship and Signs of Maturity
  • Silent Partnership
  • Banking
  • State Property
  • Endowments
  • Rules Concerning Graveyards
  • Glossary
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