Jurisprudence

Q 998: Considering the honorable view of the late Imam Khomeini (q.) and that of yours and of some other mujtahids that khums, zakāt, and the like should be paid to the leader of Muslims, what is the ruling of paying such things to a person other than the leader of Muslims?
A: If those who follow one of the marji‘s (May Allah maintain His blessings on them) act according to the fatwā of their own marji‘ in this regard, it will suffice to discharge their obligation.

Q 999: Is one permitted to use sayyids’ share of the khums for a good deed like the marriage of a sayyid?
A: The sayyids’ share of the khums, as well as that of the Imam (a.) falls under jurisdiction of the authority in charge of khums. There is no problem in using that portion relating to the sayyids’ for the mentioned cause as long as special permission has been acquired prior to its use.

Q 1000: Should one acquire permission from the mujtahid whom he follows to use that portion of the khums which relates to the Imam (a.) for a good deed like using it for an Islamic seminary or a hostel for orphans or acquiring the permission from any mujtahid is sufficient? Generally speaking, is permission from a mujtahid necessary for this purpose?
A: Both portions of khums come into the jurisdiction of the Leader of Muslims. Consequently, anybody who owes khums to the Imam (a.) or to the sayyids or his property is subject to any kind of khums must forward it to the authority in charge of khums or his authorized attorney. However, if one wants to spend any of these portions in their areas, they should acquire prior permission for that. At the same time, they should consider the ruling of their mujtahid.

Q 1001: Are your attorneys, or those who are not your attorneys, obliged to give a receipt to those who pay khums?
A: Those who give khums to our respected attorneys, or to people who deliver it to our office, will request a receipt that has our stamp on.

Q 1002: Some times, when we give our khums to your attorney in our area, he returns the portion related to the Imam (a.) to us saying that he has your permission to do so. Can we spend this returned money on our families or not?
A: If you have any doubt about his power of attorney permission then you can politely request to see the document which allows him to do so or ask for the receipt with our stamp on it. If it appears that they act according to the permission given by us, their act is confirmed.

Q 1003: A person purchased property with money on which khums had not been paid. He then spent a lot of money refurbishing it. Afterwards he gave it as a gift to his son, who had not yet reached the age of ritual maturity. He also registered it officially as his son’s property. It must be noted that the person who gave the gift is still alive. Please advise what would the situation of khums with regard to this issue?
A: If the money used to purchase and refurbish the property was provided by the year’s income, the granting was made in the same year and it was in accordance with his social status as per common view, then there is no khums applicable to it. Otherwise, he should pay its khums.