Mudāwarah, Muṣālaḥah, and Khums Mixed with other Things
Q 921: 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 in any way they can, they may perform mudāwarah with the authority in charge of khums, or his attorney, to make the payments in accordance with their ability in respect of time and amount.
Q 922: 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 its khums, the rest is not enough to make a business appropriate to one’s station as per common view or a business which covers his/her life expenses.
Q 923: 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, a mudāwarah arrangement is obligatory concerning his khums liability, after which he must try to pay it off gradually. Concerning the amount he has paid till now he should consult one of our authorized representatives.
Q 924: 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 925: 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 khums, zakāt and others’ property you consume or use.
Q 926: 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 927: 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: In case of certainty of the presence of khums money in the assets that you acquire from them through sale or purchase, or that you use while visiting them, your dealing or transaction in the khums portion of what you acquire from them through sale and purchase is considered fuḍūlī which needs the permission the authority in charge of khums or his attorney. Using their assets for you is impossible unless refraining from associating with them and declining their food and use of their assets would create an unbearable hardship for you, in which case you are allowed to use them, but you will be liable to khums on what you use of their assets.
Q 928: If someone donates an amount of money to a masjid from khums-liable funds, is it permissible to accept this money from him?
A: If one is certain of presence of unpaid khums in the money donated, it is not permissible to accept it. But, if taken, it is obligatory to consult the authority in charge of khums or his attorney with respect to its khums.
Q 929: 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., if you are not certain that they are liable to khums, it is not prohibited.
Q 930: 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 someone’s place who does not pay khums?
A: There is no objection to dining with them as long as you do not know that the very food that they serve is khums-liable.
Q 931: 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 should 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 obliged to pay the khums of the saved earnings. As far as the devaluation of the money is concerned, it is caution to make muṣālaḥah with the authority in charge of khums.
Q 932: 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 933: If I purchased a piece of land with khums-liable money, is it permissible to perform prayers on that property?
A: If the purchase of the land is made with the very funds that are liable to khums, the transaction — as to the proportion of khums — is fuḍūlī and requires the permission of the authority in charge of khums to be valid.
Q 934: 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: If the sold item is subject to khums, the transaction on the khums portion is considered fuḍūlī and depends upon the permission of the authority in charge of khums.
Q 935: 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: As long as he is not aware of the presence of khums in the money that he receives from the customer, he is not liable to anything, nor is he required to investigate the matter.
Q 936: 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 and he has not paid it is fuḍūlī concerning the khums portion about which they must refer to the authority in charge of khums. It is not permissible to use the joint capital if some of the partners have not paid their shares’ khums. When they get profits from the joint capital, each one of them should pay the khums of what remains from his share at the end of his khums year.
Q 937: What is my duty if my partners do not keep a yearly account?
A: It is obligatory for each one partner to pay the shar‘ī liabilities of his share, in order to have a lawful usage of their joint assets. However, if the rest of the partners are not paying their shar‘ī liabilities, and dissolving the partnership or withdrawing from them would impose undue hardship or inflict losses on you, then you are allowed to continue in your partnership with them.
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