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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
    • Treasure, Mine, and Ḥalāl Mixed With Ḥarām Property
    • Ma’ūnah
    • Mudāwarah, Muṣālaḥah, and Khums Mixed with other Things
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      Mudāwarah, Muṣālaḥah, and Khums Mixed with other Things
       
      Q 920: 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 inability to pay it or hardship caused by its payment. It is obligatory for them to pay it as much as possible. They may ask walī amr of khums (the authority in charge of khums) or his attorney for a respite to make the payments gradually in accordance with their ability in respect of time and amount.

       

      Q 921: I have a house with loan installments on it, and a place where I do business. In order to discharge my shar‘ī 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? But I shall make khums payments on my business place in installments.

       

      A: Khums does not apply to the residential house referred to in the question which was bought on credit. However, the place of business is liable to khums unless after paying the khums, doing business with the remainder does not cover your living expenses or does not suit your social status.
       
      Q 922: 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, he should calculate the khums he is liable to and ask for a respite so that they can pay it off gradually. Concerning the amount which he has paid till now, he should consult one of our authorized representatives.
       
      Q 923: A person owes outstanding khums on the earnings of several years, 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 for him to assess all his possessions that are liable to khums and pay their khums. In cases of uncertainty, he should reach a settlement with the authority in charge of khums or his attorney.
       
      Q 924: I am a young person living with my family. My father does not pay his required khums and zakāt, and he has even built a house with ribā. 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 ribā, or you know that he has not paid his obligatory khums or zakāt, this is not a sufficient reason for you to be certain of the unlawfulness of the very things he spends and what you use of his assets. As long as you are not certain of their 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, you are not allowed to use them unless separation from your family and leaving them would cause extreme hardship for you, in which case you are allowed to use the assets that are mixed with ḥarām ones. However, you will be liable for others’ property you consume or use.
       
      Q 925: I am certain that my father does not pay his khums and zakāt. When I remind him in that regard he says, "We ourselves are in need of it, and so it is not obligatory for us to pay khums and zakāt." What is the rule in this case?
      A: If he does not have assets liable to zakāt or to khums, neither khums nor zakāt is obligatory for him, nor is it your obligation to investigate this matter.
       
      Q 926: We do business with some people who do not pay khums and they do not keep a yearly account either. We transact and trade with them and visit and dine with them. What is the ruling concerning this matter?
      A: There is no problem in your using their property.
       
      Q 927: If someone donates an amount of money to a masjid from khums-liable funds, is it permissible to accept this money from him?
      A: There is no problem in receiving it.
       
      Q 928: What is the rule on associating with Muslims who do not care 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 problem in associating with them unless it implies endorsing their indifference to religions matters, or 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 the good and forbid from evil. As to using what belongs to them, such as their food, etc., it is not prohibited.

       

      Q 929: 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 the place of a person who does not pay khums?
      A: There is no objection to eat.
       
      Q 930: A person intends to assess his assets for the first time in order to pay his 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? And if he knows that he had purchased it with funds saved over several years, what would be the rule?
      A: If he doubts that he may have bought the house or other necessities of life with the money which was not liable to khums — e.g. inherited or granted money — he is not liable to anything in respect with their khums. In case he is certain that he bought it with his own income but he does know whether he spent the money for the house during the year it is gained or after the khums year had passed and before paying its khums, he would, by caution, make muṣālaḥah with one of our representatives. Again if he well knows that he bought the house with earnings saved for several years and before its khums is paid, he is obligated to pay the khums on the saved earnings and consider the devaluation of money as well.
       
      Q 931: A cleric in a town has collected a sum of khums money from the public. But it is difficult for him to deliver this very 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 932: If I purchased a piece of land with khums-liable money, is it permissible to perform prayers on that property?
      A: There is no problem in saying one's prayer there.
       
      Q 933: 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: It is no problem.

       

      Q 934: 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: He is not liable to anything, nor is he required to investigate the matter.
       
      Q 935: If four people, for example, put together a hundred thousand tumans 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 a ribā-free loan) for investing if he does not pay khums? In general, if a number of people are partners, is it obligatory for 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 but he has not paid it is no problem by itself.
       
      Q 936: What is my duty if my partners do not keep a yearly account?
      A: It is obligatory for every partner to pay shar‘ī due on their shares. However, you are allowed to continue in your partnership with them even if they do not pay it.
       
    • 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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