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Practical Laws of Islam

  • Rules of Taqlīd
  • Rules on Purity
  • Prayer
  • Fasting
  • Khums
    • Gift, Present, Bank Prize, Dowry, and Inheritance
    • Loan, Monthly Salary, Insurance, and Retirement Pension
    • Selling a House, Means of Transportation, and Lands
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      Selling a House, Means of Transportation, and Lands
       
      Q 876: Is khums applicable to a house constructed some time ago with the money from which khums had not been paid? Assuming that its khums is obligatory, does the appropriate khums correspond to its current value or to the value of the money spent on its construction?
      A: If the house is constructed as one's residence spending the earnings gained during the same khums year, it is not subject to khums. But if it is constructed from the earnings of previous khums year(s), one was to pay the khums on this money at the end of the frist khums year. Moreover, if the money value decreased, one should pay khums on the inflation as well. In case that one is unaware of the inflation rate, he should make muṣālaḥah with hākim of shar`.
       
      Q 877: Recently, I sold my residential apartment and this transaction took place at the end of my khums year. While I see that I am liable to fulfill my religious obligations, I face a problem in the present circumstances. Please enlighten me regarding this matter.
      A: If the house was originally purchased with money exempted from khums or money obtained from the earnings of the same year of purchase, selling money is not subject to khums.
       
      Q 878: I own an unfinished house in a town, but I do not need it since I am living in housing provided by the government. I want to sell it to buy a car for personal use. Is its price liable to khums?
      A: If the mentioned house was bought or built from the annual income during the year for living purposes but you sold it later during the same year, its proceeds are not subject to khums on the condition that it is spent during this year of selling for living expenses. Similarly, the proceeds are not subject to khums if you sold it in the next year.
       
      Q 879: I had purchased some doors for my house, and as I did not like them I sold them two years later, and I put the money in an aluminum company account for assembling new aluminum doors at the same price to replace those I had sold. Is khums applicable to that money?
      A: In the given question, that the doors were not used, the sale price is subject to khums.
       
      Q 880: I paid 100,000 tumans to an institution to acquire housing land in the future. One year has elapsed on that money, part of which is mine and the rest was obtained through a loan, some of which I have paid off. Is khums applicable to this money and to what extent?
      A: If the purchase of the land to build the house one needs is not feasible without paying a deposit, then you are not required to pay khums on the money you have already paid, even if it was from your annual income.
       
      Q 881: If a person sells his house and deposits the money in a bank to get interest, what is the ruling when the khums year ends? And what if this money was saved to purchase a house?
      A: Its proceeds are not subject to khums if they build or buy the house with the income of the same khums year in order to live in it, considering it as a part of one’s annual expenses and, then, they sell it after the end of khums year.
       
      Q 882: Does khums apply to the money saved gradually intending to buy a house or other life necessities?
      A: If, according to the financial status of the person, buying their life necessities depends on saving annual earnings and they decide to spend these savings to purchase such things within several days, then such savings are not subject to khums.
       
      Q 883: I bought a car several years ago, and at the present time it might sell for a price several times more than what it was purchased for. As khums was not paid on the money spent to buy it, and I am planning to buy with its proceeds a house to live in, does khums apply to the entire amount once I receive it, or does it apply only to the money that I paid to buy the car while the balance, that is, the difference of the sale value over the original price of the car, is considered as part of the earnings of the year in which the car is sold and as a result is subject to khums if the money is not spent on living expenses by the end of the khums year?
      A: If the car was a part of your ma’ūnah and purchased spending the income of the same khums year for personal use, then there is no khums on its proceeds. But in case you bought the car to be used for work, you owe khums on its value at the end of the first khums year after you take the devaluation of money into consideration. However, the increase in its value during the next years  - after subtracting the inflation - will be counted as the income of the year of sale.
       
      Q 884: I owned a very modest house, but for some reason I decided to buy another house. Due to debts I was forced to sell the car which I was using and borrow some money from the provincial bank and ribā-free loan institution in our city to pay for the house. As the sale of the car occurred before the beginning of my khums year, and I spent the money obtained from its sale to pay off a part of my debts, does khums apply to the money obtained from the sale of the car?
      A: If you bought the car using the income you earned during the same khums year but sold it after the end of the khums year, you are not to pay khums on the proceeds.
       
      Q 885: When a house, car, or other necessities that a person or his family needs and were purchased from the annual income are sold on account of a necessity or to replace them with items of superior quality, what is the ruling in regard to khums?
      A: The proceeds from the sale of ma’ūnah are not subject to khums.
       
      Q 886: If a house, car or other necessities bought for personal use — not for the sake of business or making money with the money whose khums was paid are — later sold for some reason, is the increase in the market value subject to khums?
      A: In the given case, there is no khums on the profit resulting from the increase in value.
    • 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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