۱۳۹۱/۱/۲۴   3:6  بازدید:9544     Questions and answers

Newly Asked Feqhi Questions
Latest Questions and answers

 


The Latest Questions
Insulting the Sunni Figures
Q: What is the view of Your Eminence regarding what is found in media (satellite TV canals and internet) that is explicit insult and disgrace towards the wives of the Holy Prophet of Islam (S.W.A) using offensive language against her and charging her with things that throw her chastity and honor as a wife of the Nobel Prophet Muhammad (S.W.A) into question? It goes without saying that these behaviors have created great troubles within the Islamic Ummah and put the Muslims, especially the followers of Ahl al-Bayt (a.), in a state of stress.
A: It is ḥarām to disgrace the figures of our Sunni brothers, let alone charging the wife of the Prophet (peace be upon him and his household) with things that throw her chastity into question, rather, it is impossible for the wives of the prophets, especially those of the Master of the prophets, the great Messenger of Allah (S.W.A).

Khums Year’s Starting Date
Q: I have recently been employed in a government institution. On the 1st of August I was introduced to the institution for taking a five-month paid educational course and I started to receive a full salary only in January after I passed the course. My question is that from which date does my khums year start? Is it the date I received my 1st salary? Or that on which I took my 1st educational payment?
A: If the educational payment was considered as compensation, your khums year started when you received your first educational payment. But, if that payment was under the title of help or gift, it is not subject to khums and the starting date of your khums year would be the day on which you received your 1st official salary.

Khums year
Q: What is the meaning of a ‘khums year’? And how is it established?
A:The date of a khums year is a fait accompli matter and not to be appointed by the mukallaf.
The start of a khums year for a person is the day on which he receives his first income. The same date in the next year/s will be the end of khums year. Any amount of yearly earnings spent during the year for life requirements and within one's station is subject to no khums. While, the amount that remains surplus at the end of khums year plus the daily consumable goods (like rice, pea, etc.) that remain untouched until the same date, an unneeded thing which was bought or it is above one's station, are all subject to khums. If a mukallaf, at the end of khums year, does not pay their khums, they are not allowed to make use of khums-unpaid property. Of course, mahr (dowry), inherited property and gifts are not liable to khums.
However, if you face any problem in calculating khums, you may refer to the office of His Eminence the Supreme Leader of Muslims (d.) or one of his attorney authorized to deal with khums affairs.

To Change Khums Year’s Date
Q: Can I change the date of my khums year?
A: It is impermissible to make a khums year’s date earlier or later unless with the permission of the authority in charge of khums and calculating the khums of the passed period. Also, changing the date is conditioned by not __having a harmful effect on the beneficiaries of the khums.

Khums on a Debtor’s Property
Q: Some people owe a sum of money to someone and at the same time he owes others the same amount. Is he obliged to pay khums if he has it in mind to use the money he lent to the people to settle his debt?
A: If the money he owes was spent on the life expenses of the same year, he may subtract it from the same year’s income.

To Whom to Pay Khums after Mudāwarah
Q: It is said that the khums for which we made mudāwarah with any office of His Eminence’s attorneys / representatives should be paid later to the same office. Is that true? Or your Eminence allow us to pay it to another office of yours?
A: The amount one owes due to mudāwarah belongs to the fund of the two blessed shares of khums not to the individual who did mudāwarah. Therefore, it is sufficient to pay it to any of the authorized attorneys / representatives of His Eminence the Supreme leader (d.).

To Do Mudawārah on behalf of others
Q: Is it permissible that somebody do mudāwarah of an amount of khums that another person owes?
A: If he is given the power of attorney by the money owner, it would not be objected.

To Hasten Khums Payment
Q: At the end of khums year, can one separate the khums from his profits and keep it for a short period (say two weeks) until he pays it to the authorized attoney?
A: One should pay it at the end of the khums year except if he has no access to the attorney. Anyhow, separating khums by itself does not justify making use of the remaining amount which was subject to khums.

Subtracting the Expenses of 1st Month of New Khums Year from the Last Year’s
Q: I am a government employee and receive my salary at the end of each month. My khums year starts on the first of July. My question is: Can I subtract the daily life expenses and instalments to be paid during July from the income of the khums year just ended?
A: If the yearly earnings, which is saved for providing one's life expenses in the next khums year, is going to be spent on the life expenses within a few days or if the mere __having some savings is counted as a part of his / her life expenses, it is subject to no khums. Otherwise, its khums should be paid.

Khums on Appliances Bought for Future
Q: I am a student and want to get married. I intend to purchase domestic appliances for my future life. If I start now to purchase household appliances and a year passes on them without being used, should I pay their khums?
A: If buying domestic appliances for the future is considered in the common view as a part of your ma’ūnah, they are not liable to khums.

Khums on the Remaining Daily Consumable Goods
Q: What is the khums rule concerning pen, make-up, perfumes, etc. that were used partially and a year passed on them?
A: If they are bought from the income earned during the year and the remaining amount has a monetary value in the common view, their khums should be paid.

Khums on Tuition Fees at the End of Khums Year
Q: I made the 1st of October the date of my khums year. The problem is that I saved some money to pay the tuition fees which should be settled in the middle of October. Now, shall I pay its khums at the end of khums year? Knowing that paying its khums will make it less than the tuition fees to be paid.
A: In the given case, it is not subject to khums.

Khums on Land Bought for Housing Purposes
Q: If a mukallaf — using his yearly income — purchases a plot for housing purposes and after the khums year passes on it, he sells it to buy a residential house and other life requirements. Should he pay khums on the proceeds?
A: If he buys the plot with his yearly earnings for building a residential house on it but after the khums year passes he exchanges the very plot with a house or spends its proceeds on buying another house for living in, it is not subject to khums nor considered as new earnings. But, if its proceeds are spent on purchasing other life requirements, then it would be problematic to consider the said plot as ma’ūnah.

Khums on Goods Bought with Employees’ Token
Q: Is an employee’s token or the goods bought with it subject to khums?
A: A gift or a grant is not subject to khums.

Khums on Inherited Coins
Q: I got some silver coins through inheritance. Are they liable to khums or zakāt?
A: An inherited property is liable to no khums. If the coins are not used in daily transactions as money, they are not subject to zakāt, either.

Delaying Khums Payment of a Land until Its Price Rises
Q: What is the ruling regarding khums payment on a land that has been bought 20 years ago at a very low price without paying its khums and its price now rised by about 2000 times?
A: The owner owes the khums amount on the purchase price. Assuming that the actual price considerably differs from the alāḥah concerning the price,purchase one, it is a caution that they do mus differences.

Khums on Proceeds from the Sale of Shares
Q: I was a member and shareholder in a producing company affiliated to the Ministry of Cooperation. I was calculating and paying my khums every year to your Eminence’s representative / attorney. Now, I have sold my shares and made a settlement with the company? Is the money I received for that subject to khums?
A: If the money with which you bought the shares of the company was khums-paid, gifted, inherited, etc. i.e. was not subject to khums, after settlement and receiving it is liable to no khums. But, if you had bought them with the income earned during the khums year before paying their khums, shares selling price is subject to khums.

Khums and Zakāt on Silver
Q: should a person, who works in silver jewelry and settles its khums every year, pay zākat on it as well?
A: It is not subject to zakāt unless it is coined used in the daily transactions and it reaches the threshold.

Khums on Profit
Q: One started a business with a khums-paid capital which provides him with monthly earnings. He owes money to people and people also owe him money. He, also, helps others financially without compensation and has no independent house. Is his monthly income subject to khums or not?
A: Concerning the profit he gains from the khums-paid capital, if, at the end of khums year, any amount of it remains untouched — after spending on necessary life expenditures, good deeds, alms, etc. — and is saved, khums should be paid on the saved amount. As to the money he owes people, if it is related to his business, he can subtract it from the profit. The case is the same with the loans he took from others and spent on life requirements of the same year. But, he is not allowed to subtract the loans received during the previous years. Regarding the money he lent to people, if they return it within the same year, he must settle its khums at the end of khums year; otherwise, he has to pay its khums whenever he receives it.

Savings for Children and Their Khums
Q: The question is about those who save money for the benefit of their children without intending to escape paying khums.
The children are minors and as a result the father has the right to make use of their property, is this money subject to khums or not?
If the father — owing to a need — withdraws an amount from children’s savings and replace it thereafter, is the original money liable to khums or not?
A: If the father has actually granted the money to them and the amount granted is compatible with his social station as per the common view, it is subject to no khums. But, he may make use of the money only if it is to the children’s advantage. Anyhow, if the money is not granted to them and just saved under their name, it is liable to khums, then.

Subtracting Taxes from Income before Khums Calculation
Q: In 1982 I calculated the khums of the total assets I had in my store. In 1983, when I wanted to calculate my khums, I realized that I should pay tax, can I subtract the taxes of 81-82 before calculating the khums of 83?
A: The store taxes you owe are subtracted from the income of this store’s the same khums year and you pay khums on the remaining amount if remains surplus over life expenses.

Khums on Saving Account Installments
Q: Are the following examples considered as ma’ūnah?
a) Housing saving account installments paid for taking a loan to purchase a better house,
b) Housing saving account installment paid for purchasing house for one’s children,
c) Instalments paid for a life insurance.
A: a-b) If the installments, deposited in a housing saving account for taking a loan to buy a better house or a house for children, are not spent on purchasing the house by the end of the khums year, they are subject to khums.
c) The money paid as life insurance installments is not liable to khums.

Praying as a Traveler and Returning Home before Time Ends
Q: If, on a travel, a person offers shortened prayer at its due time and then they return home before its time expires, should they repeat it in its full form?
A: There is no need for repetition.
 

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