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Question & Answer » Khums

1 Question: Some governments and some companies in non-Muslim as well as Muslim, countries deposit the salaries of their employees directly into their accounts in the banks. The employee does not get the money in his hand, although he can withdraw it whenever he wants. Now, if the statement of his account shows that the money has surpassed his annual expenses, is khums obligatory on it?
Answer: Khums is obligatory in what has surpassed his annual needs, except in the case of a government employee in a Muslim state that deposits his salary into a state or private bank. In the latter case, khums would not be obligatory on the salary that has been deposited in the bank until he [physically] takes possession of it with the permission of the mujtahid* Then the salary will be included in his income of that year and khums will become obligatory on what is in excess to that year’s expenses.
2 Question: 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 .
3 Question: 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.).
4 Question: We are 3 brothers and one sister and has inherited a house from our father recently we have entered into an agreement for the development of the house into flats and hops. Suppose each of us get more than one flat as our share and if we decide to sell our share in the developed property after keeping one flat each- do we have to give khums on the amount realized and if so how much?
Answer: Khums is not obligatory on inherited properties except for the increased price and not for the market price increase, if the property has not been left for business. {For example: A person dies and leaves behind a house for his children. The house's cost one million at that time, next year the price of the same house goes up to one million and two hundred thousand. If the deceased person did not intend to keep the house for business, there would be no khums on the price increase; if he intended to keep the house for business, khums would be obligatory on the increase. However, if inheritors worked on the house and developed it and the price of the house went up from one million to two millions regardless of whether the deceased person intended business with it or did not intend, khums would be obligatory and one million of the two millions should be taxed from.}
5 Question: What is the difference between Khums and Zakat?
Answer: Both are obligatory; Khums is on the surplus to annual expenses but Zakat is payable on cattle, crops, gold and silver.
6 Question: Is it obligatory for a woman to pay khums on the cash amount that she receives from her husband as mehr?
Answer: It is not obligatory.
7 Question: Can we give out of Sahm-e-Imam to an Alim who is financially struggling, because he has a large family and is non-Sayyid. 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?
Answer: You can spend the portion with permission from a Marja’ Taqlid or with permission from his wakil .
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