Ka'aba ( It's Extent )

QUESTION:

A small area ouside kaba is included in tawaf... Please tell me why..
Some say it was a part inside Kaba. Is it true?
And also some say that the original shape of Kaba was a rectangle not a
square. Is it true?

Please enlight us about this area just outside Kaba which is included
in tawaf.

ANSWER:

Salaamun 'alaykum,

Tawaf is to be performed around the Ka'ba, the stipulated boundary within
which one can circumambulate is a distance between the Ka'aba and Maqame
Ibrahim. One can only go beyond this boundary if, due to the sheer volume
of people, one cannot perform the tawaf within the boundary.

I have not seen any reports to suggest that the cubical Ka'ba used to be a
rectangle.

With salaams and du'as

Liyakatali Takim

Kafan with Dua's written on it

QUESTION:

Subject: Kafan with Duas Written on it...

Assalam Alaikum!

1. I would appreciate a clarification on a subject that has me (and a few
others) confused. I bought a few "Kafans" from Karbala about 9 years ago.
These kafans have some duas (I assume they are duas) written on them.
Since then, I have been told that such Kafans should not be used and they
are "useless" now. I hear conflicting arguments on this subject; so could
you please inform me as to what to do with these kafans now

Some have suggested that it's okay to place a piece of this kafan with duas
on it, on the chest of the "Mayyat" (instead of using the whole kafan).
Someone has suggested that instead of discarding the whole kafan, I should
cut it into small pieces and donate it to the mosque so that the "Mayaat
Committee" can use it whenever the need arises. Is it okay to do so?

2. Also, do I have to pay Khums/Zakat on these kafans? I have given away
some to family members too. What should I tell them?

3. Another pertaining issue is placing an Aqeeq with names of Allah (SWT)
and/or the Panjetan (A.S.) written on it, in the mouth of a "Mayyat".
Again, a conflicting declaration -- yes, you can do so; no, you can't.

Please help clarify these issues!

ANSWER:

Salamun Alaikum,

Kafan with Duas or Ayats of Quran or the names of Allah, Prophet and Aimma
written on them, should be kept near the head of the Mayyit. There is no
need to destroy the Kafan or cut them into pieces.

Similarly, Aqiq with the Ayats, Duas or the holy names should not be kept
in the Mayyit's mouth.

If Kafan was purchased from the wealth upon which Khums was paid, there is
no KHUMS on it. If Khums was not paid, then 1/5 of the price of Kafan
should be paid as Khums.

As you know, Kafan is usually from the estate of the deceased, before it
desolves upon the heirs. In this situation also, if Khums has not been
paid, it must be paid before Kafan is provided.

Zakat does not apply.

Asgharali M.M. Jaffer

Kaffarah - Three methods of performing Kaffarah, which one can one choose?

Please base the answer to this question on the fatwa of Ayatullah Ali Khamene'i:

QUESTIONS:

It is said that the the kaffarrah of intentionally breaking an obligatory
fast in Ramadan is to either fast 60 consecutive days, free a slave, or feed
60 poor people. My question has three parts:
i) Is there a "preference","precedence", or "priority" as to which of the
three methods of performing kaffarrah should be performed or can a person
choose to perform any one of the three that he is able to perform?

ANSWER 1:

The precedence should be given to that KAFFARA which one can perform.

Asgherali M M Jaffer

Kaffarah - How one should distribute to 60 poor people?

QUESTION

Regarding the specifications of feeding 60 poor people for a Believer who
lives in the United States?
What is the procedure for feeding the 60 poor people? Is it to find a poor
man on the street and offer him money or food? Or is it to invite the poor
person to your household? Is it acceptable to give the money for the food to
a masjid or any type of organization (Muslim or even non-Muslim) that agrees
to take on the responsibility of feeding 60 poor people for you?
Can you designate someone else on your behalf to feed 60 poor people, even
if when you give them the money for the food you have no way of ascertaining
whether or not the designee has actually fulfilled his task?
Is it acceptable to feed a poor non-Muslim such as the Ahl-e-Kitab or a
Hindu, Buddhist, atheist, etc.?
How much money (in US dollars) or how much / what quantity of food is
considered acceptable to feed one person, according to Shariah?
Can the same person be fed 60 times?
Is it acceptable to give money directly to a poor person with the intention
that he must use the money for food, or is it required to give food directly
to the person?

ANSWER:

Feeding 60 poor, means feeding them to their fill; or give three
quarter KG of food stuff like wheat, barley or bread etc to each of them.
This measure is called a MUDD. One cannot give to anyone of them more than
ONE MUDD of food, or feed a person more than once, calculating it as
feeding more than one person. However, one can give to a poor person ONE
MUDD of food for each number of his family, even if they be minors. Kaffara
should be given to Muslim Poor.

Asgherali M M Jaffer

Kaffarah - Fasting for 60 days?

QUESTION:

Regarding the specifications of fasting for 60 days:
Does Ayatullah Khamene'i say that we must fast the first 31 days
consecutively and the remaining 29 days do not need to be consecutive?
If the answer to the above is yes, then what is the case regarding a person
who begins to fast for the 31 days but during this time he travels a large
distance such that his prayers would have to be offered as qasar (2 rakats
for each 4-rakat salat)? Would he be permitted to continue his kafarrah
fasts from where he left off when he returns home or would he be required to
start again? OR can he continue to fast during his travel so as not to
dirupt the continuity of the 31 days?

ANSWER:

If there is a justifiable excuse for leaving out his fasts, he will continue
from where he left and will not have to start all over again.

Asgherali M M Jaffer

Question

I'm a little confused on certain aspects around Bibi Khadija (as).

Some brothers told me she was only a couple of years older than the Prophet
(SAW) and not 15 years older than him like most of the books I have access to.
And that she was never previously married / never widowed etc.

Another thing I've also read in Shia literature is that Bibi Fatima(AS) was not
the only surviving child of The Prohet(SAW) and that she had 3 other sisters
Where did that come from ?

My understanding has always been that Shias have always believed that she
was the only surviving child.

This may not be a 'vital issue' but it's strange why we can't seem to get our
facts right on this matter.

Biismihi Ta'ala

ANSWER:

Salaamun 'Alaykum

The figure of Khadija (A.S.) has not been adequately studied by historians,
as a result some of the details of her life are scanty. 'Allama Syed Muhsin
Amin has profiled her in the 6th vol. of A'yan al-Shi'a and has collected
the different reports about her. I will summarize his account.

Most reports suggest that she was born 15 years before 'Amu'l Fil, thus
she was about 15 years older than the Prophet (S.A.W). She died 2-3 years
before hijra (which occured in 622) in the same year as Abu Talib passed
away. However, some reports do not agree that she was much older than the
Prophet For example, al-Hakim in his al-Mustadrak states that she was 28
not 40 years old when she married the Prophet.

Most reports (like those of Ibn Ishaq, al-Mas'udi) indicate that she was
the mother of all the Prophet's children apart from Ibrahim (who was the
son of Mary the Copt). She bore the following children to the Prophet:
al-Qasim; Zaynab, Ruqqayya Umm Kulthum and Hazrat Fatima (A.S). Bibi
Fatima was the youngest daughter according to most reports. The daughters
accepted Islam and migrated with the Prophet to Medina.

Historians disagree as to whether she had married before marrying the
Prophet - For example Abu'l Faraj Isfahani states she had married twice
before marrying the Prophet whereas the author of Naqd al-Rijal (Ali b.
Ahmed al-Kufi al-'Alawi) states that she was not married before her
marriage to the Prophet. MOst reports seem to suggest that she was not
married before the marriage to the Prophet.

For more details, please refer to A'yan al-Shi'a volume 6. It is to be noted
that these are historical differences which do not pertain to matters of faith.

Please remember me in your prayers

Liyakatali

Khums - The gift items we receive in marriage?

Question 1:

1) Do I have to pay Khums on gifts received on my marriage?
If not, is this so even if I haven't used them at all? What about
gifts to my wife?

Answer:

Yes, according to Ayatullah Sistani and most present-day mujtahids, it is
ihtiyat wajib (precautionarily obligatory) to pay khums even on gifts that
you receive from others provided you have not used in a year's time.
(Minhaju 's-Salihiyn, vol. 1, p. 392)

Sayyid Muhammad Rizvi

Khums - Do I have to pay on the value of my property?

Question

2) Do I have to pay Khums on the value of my property? If so, can I
net off the loan against it to determine the net value? Would the
situation change if the flat was no longer our home but was given out
on rent?

Answer:

Khums is only in what you save after your normal expenses. Buying a house
or a flat for personal use is an legitimate expense and, therefore, there
is no khums on it. (Ibid, p. 395)

Sayyid Muhammad Rizvi

Khums - Does it have to be of cash basis?

Question

3) Does the method of determining the savings (in order to calculate
Khums thereon) have to be one of 'cash basis' or 'accruals basis' or
is there a choice? Does one have to be consistent one way or the
other?

NB. By 'cash basis', I mean deducting last year's bank balances from
this year's to arrive at net savings in the year. By 'accruals' basis,
I mean also taking into account known commitments and amounts
recoverable from other people.

Answer:

The method of determining the savings has to be on 'cash basis' the way
you have described it in your question. Committments and amounts
recoverable from other people is not liable for khums until you have it in
your possession.

Sayyid Muhammad Rizvi

Khums - Date chosen for Khums every year, can this be changed?

Question:

4) Does the date chosen for Khums initially have to be used every year
or can it be changed? What would be the valid reasons for allowing
this change? Does the year have to be 'Islamic year' or can it be a
fixed date according to the Western calendar (i.e. spanning more than
one Islamic year)?

Answer:

The date chosen for khums has to be same. However, if you want to change
it, then in that particular year you should calculate the khums twice. For
example, your initial khums date was 1st July and then you decide that you
would like to change it to 31st Dec. In this case, you will calculate your
khums on 1st of July and then again calculate the khums (for the last six
months) on the 31st of Dec. After that, you will always calculate on the
31st of December as your new khums date.

The khums date does not have to be Islamic; you can base it also on the
Western calendar.

Sayyid Muhammad Rizvi

Khums - Is it allowed to deliberately change the timings of payments?

Question:

5) Is it allowed to deliberately change the timing of payments (like
bills) around the Khums calculation date to minimise Khums payable for
the year? I know this sounds like cheating but I was just wondering
if there is any such provision.

Answer:

Yes, you are allowed to time your payments in such a way that you minimize
your khums payable for that year. It is wajib to pay khums on savings; it is
not, however, wajib to save in order to pay khums!

For more detailed rules on khums, you can read or obtain my book "KHUMS: An
Islamic Tax" available from:
Islamic Education & Information Centre,
135 Sheppard Avenue East, North York,
Ontario, Canada M2N 3A6
Tel: (416) 223-2162 Fax: (416) 223-2528

Yours in Islam,

Sayyid M. Rizvi

QUESTION:

I have a business and I would like to know how khums affects me; and I
also would like to know who deserves this khums. In a business it is
sometimes difficult to draw a line and say this is my profit because the
money is regularly being reinvested.

ANSWER:

Based on the fatwas of Ayatullah Seestani (Dama Zilluh):

Khums is wajib on all profits made at the end of the year. Deductible
from the profits are expenses incurred in leading his or her normal
lifestyle. Capital for investment or reinvestment cannot be deducted
before Khums. (See Masala 588 Pg 243 of Al-Masail Al-Muntakhabah)

As for disposal of Khums, the 20% Khums of all profits gained at the end
of the year are divided into two; One goes to any deserving and needy
Sayyid (descendant of the Holy Prophet) and the other goes to the Imam of
the time (AS) and, in his absence, to his representative. Ayatullah
Seestani says:

... and during the present time it should be given to a Mujtahid, who
fulfils all conditions, or be spent for such purposes as allowed by that
Mujtahid. As an obligatory precaution, that Mujtahid must be A'alam (most
learned of his contemporaries), and well versed in public affairs. (See
Masala 1843 Pg 333 of Islamic Laws published by World Fed.)

Wallahu A'alam,

Mustafa Jaffer

Khums - Do I pay Khums or buy the house?

Question:

I followed Ayatullah Khui' and now Ayatullah Seestani. The following is my
situation and question.

1. In '93 and '94 my khums date was in November.

2. In August or September of '94 I decided to pay off my car, due to this I was
not eligible to pay khums in that year.

3. In May of '95 I decided to pay khums on whatever I had upto that point, as I
was feeling quite guilty for not paying khums in the year before.

COMMENT:
There is no need to feel guilty for not paying khums in November 1994
because it is wajib to pay khums on the savings but it is not wajib
to save in order to pay khums.

4. I did not pay khums in November of '95 because I had already paid it in May.
In retrospect may be I should have.

5. This year I am planning to buy a house. The closing will be around 4/26
and my khums date is 5/1.

The following is my dilemma:

Buying the house will once again make me ineligible to pay khums. If I pay
khums I will not be able to buy the house. I plan to borrow some money from
father to pay for the closing the costs and appliances etc, not for the
down-payment though.

Q. What should I do pay khums / buy the house. Also can I make a niyah for the
amount of money, take out some of it and put the rest together as soon as
possible. Also do I have to pay khums on the money that I will borrowing from
my father.

ANSWER:

1. As you have mentioned yourself, your khums date has changed from
November to May.
2. If you buy the house before your khums date (1st May) and are left
with no saving, then there is no khums on you. You have full right
to buy the house before your khums date and you need not feel
guilty for that.
3. The money you will borrow from your father -- since that money will
also be used in the purchase of the house before the khums date,
there is no khums on it.

Sayyid Muhammad Rizvi

Khums on Cookies?

QUESTION:

One of the sisters have asked the following question in our meetings,
please can one of the Ulama' answer it, according Sayed Sistani (may
Allah guard him) and Sayed Khoei (may Allah Bless his soul):

My sister last year sold some boxes of cookies and people paid for them.
She lost the list of who gets the cookies. So they have been sitting for
a year. I dont know what to tell her to do. She doesnt know or remember
the people she sold to. Will she have to pay Khumus? We assumed eating
the cookies were wrong becuase they are not ours.

ANSWER:

Since your sister has sold the cookies, she does not have to pay khumus
on them since they are not her property. She will pay khumus on the
income derived from the transaction after deducting all the expenses.

Iltimase du'a
Liyakatali

QUESTION:

Please can you throw some light on a taxing problem that I have regarding
working out the khums due.
My only assets are the various savings accounts I have. For simplicity Say I had
£1000 at the end of my last Khums Year. The £1000 also includes interest earned.
I have to pay £200 khums - ie 20%. Is this correct?.

ANSWER:

Assuming that you have not had savings before, then you will pay £200 for
the savings of £1,000.

Liyakatali

Khums - Is it obligatory on interest?

QUESTION:

Does khums become obligatory on interest?.

ANSWER:

Yes, since it is also a form of earning

Liyakatali

Khums - Do I pay from the savings of last year?

QUESTION:

For this khums year, for simplicity say my savings have increased to £5000
including interest and bonus shares received from share flotation. Now do I
pay khums on the full £5000 or on the increase from last year - ie on £4000.

ANSWER:

Since you have already paid on the £1000.00 you will only pay on the
increment in your savings, i.e. £4,000.00

Liyakatali

Khums - If the balance went to zero

QUESTION:

Now suppose that over the year the savings balance never went below £1000,
does that make a difference. If the balance went to zero during the year,
does it make a difference or not ?

ANSWER:

If the savings balance goes to zero and then, during the year, it increases
again due to increased trade, then you will pay khums on the savings which
you have saved during that year.

Liyakatali

Khums - Is it to be paid on annual date only?

QUESTION:

Is khums to be worked on annual dates only, irrespective on the fluctuations on
the saving balance in the interim.

ANSWER:

The consideration of an annual date or year is important because, in most
cases, the surplus or deficit become clear at the end of the year. That is
why it is advisable to fix an annual date to calculate the khums to be paid.

However khums can also be paid as and when a person earns profit during a
year, but it is also permissible to delay the khums until the end of the year.

Liyakatali

Khums - Definition of savings

QUESTION:

What is the definition of savings for the purposes of khums.

ANSWER:

We define savings as the profit or surplus after deducting the annual
expenditure from one's annual income. The expenses include both household &
commercial expenditure.

Please remember me in your prayers. May Allah guide us all to His path, Amin.

Your Brother in Islam

Liyakatali

Khums - Before the date approaches, you buy a car?

QUESTION:

Supposing you have khums obligations, and prior to your fiscal
accounting year approaches (eg Sept 30), you plan to buy a major item
which is necessary (an automobile) and therefore have intentioned to
spend x thousand dollars towards this purchase. However, due to various
circumstances, including not finding a suitable car, coming across a
temporary mean of transportation, etc, Sept 30th comes and goes and you
have not made a down payment on the car, are you liable on the khums for
that x thousand dollars even though your intentions were to spend it in
a jaez method. I should add that the car was purchase a few months
after Sept 30th with the original money that was set aside for this
purpose.

ANSWER:

In order to calculate the savings at the end of the fiscal year, it is
necessary to fix a date as the end of the khums year. This is very obvious
and you also know that. In normal circumstances, you have to pay khums on
the entire saving at your khums date EVEN IF you know that you are going to
spend it after ten days or two weeks---it will be counted in the expenses of
the next fiscal year.

As for your specific question: The only way I can think of in which you can
get away without paying khums is as follows:

Suppose if you earned or was given a large sum of money --other than your
normal monthly income-- which you do not intend to use in your day-to-day
expenses, then you can keep it aside for one year from THAT date without
paying khums. For example, your normal khums date is September 30th; and you
were given 10,000 dollars as a gift by your father or friend on 10th
November. Since this 10,000 dollars is not your normal income, you can keep
this aside and pay khums on it only if you do not use it by the 10th of
November in the following year. In short, you will be calculating the khums
on your saving from the normal income on 30th September; but you will count
the khums on the 10,000 windfall on the 10th of November.

I hope this is clear enough.

Yours in Iman,

Sayyid Muhammad Rizvi

Khums - Payments in advance

QUESTION:

Advance Khums:
Payments were made on estimates which were far in excess of khums due as
calculated at the end of year , Can this be carried forward ? For how long?

ANSWER:

Yes, For as long as it lasts.

Mustafa Jaffer

Khums - Delay in it's use

QUESTION:

I have a question. I gave sameh-e-Sadaat, to my Sayyid friend who was in need
of money. This I did after talking to Maulana who I usually send my Khums to.
I gave my friend a check so that he would cash it. However he never cashed
it, and last week he told me the particular need he had for which he accepted
my khums is no longer exists, and hence he does not the money. As soon as I
heard this, I mailed the check to Maulana. During all this time I knew he had
not drawn the money, although I kept reminding him, that this is a khums
money, and be careful with that.

Please let me know what should I have done in this situation. Have I commited
any sin by not acting earlier?

Thanks

ANSWER:

You have not committed any sin. You have acted in the best possible manner
given the circumstances and knowledge you had. It was also nice of the
person to return your money because he no longer needed it. The delay in
sending to the deserving in your case is not a sin because you actually did
give it to one needy. However, he returned it back to you and then also you
acted immediately.

May the Almighty grant you the strength and courage to keep up with
rendering your obligations in the zeal you have shown - Amen

With Salaams and Duas

Mustafa Jaffer

Khums - Money received from parents?

QUESTION:

Al-salam alaykom wa rhmato Allah wa barakatoh
I'm follower of Ayatollah Systani and want to ask about the following:

1- My father still responsible for me and I take money from him. The
problem is he does not pay the Khums or the-Zakat from his money. What
shall I do for that? Do I have to pay Zakat and Khums from the money he
gives to me?

ANSWER:

Masail of Ayatullah Seestani from:

http://www.al-islam.org/laws/khums.html#1761

Khums

1803. * If a person acquires wealth from another person, and doubts
whether or not he has paid Khums on it, he has a discretion over it.
In fact, even if he is certain that the other person has not paid Khums
on it, he has the discretion over it if that person is a Shia Ithna Asheri.

Khums and Zakat

Question:

Please answer according to the rulings of Ayat. Khameini:

If you are in the habit of paying 2.5% or more of your income monthly to
the needy, does this count as zakat or can zakat only be given once a year
and designated with the intention of "zakat"? Does zakat have to be given
to those Muslims in your local community or can it be given to a needy
Muslim in another part of the world?

Can I contribute money to the building/buying of a mosque as my khums?

Answer:

The amount you are in a habit of paying may be considered as
optional Zakat or charity.

Ayat Khamenei does not consider Zakat necessary on wealth.
Zakat is on the usual 9 items

1) Wheat 2) Barley 3) Dates 4) Raisins 5) Gold 6) Silver
7) Camel 8) Cow 9) Sheep and Goats

Ayat Seestani includes wealth in business as well - see Masail
1861 onwards, Islamic Laws.

Zakat should be given to the needy Shia locally if possible, otherwise
anywhere.

As for your question on Khums, the general principle for spending
the "Sehme Imam" of Khums is that you can spend it on any
such project with the permission of your Mujtahid.

Wasalaam

Asgherali M M Jaffer

Khums for non sadat

QUESTION:

Salam alaikum,

I have a question regarding Khums. One of a close relative I know is
very much in need of financial help and he is not a Syed. I was
wondering since Khums goes to deserving syed's, Is there any exception
since I don't know any Syed as much in need of money as this person who
is a non syed. He is very much in need of money which has lead to
financial difficulty in his life and he is that kind of a person who
would not take help by asking. I would like to know if I can give him
the khums money until he is able to come out of his financial
difficulty. I am in taqleed of Imam Khumaini.

May Allah reward you for your service.

ANSWER:

Khums is in two equal parts, one Sehme Imam and another Sehme Sadat. There
are thousands of Sadat who live below poverty line. So it is not correct
to compare one poor to another. Now, coming to the case of the deserving
person you know, a non Syed, you can help him from Sehme Imam after
obtaining the permission of a Marja. You are in Taqleed of Imam Khomeini,
may Allah bless him with Maghferat, but you will now require permission
from a living Marja.

With Salaams,

Asgharali M M Jaffer

Khums - Is there any loopholes?

QUESTION:

AlSalaamun 'Alaykum va Rahmatollah va Brakaatoh:

Can he give to a seyyed and then the seyyed donates it to the needy?

ANSWER:

This loophole is not permissible in Shariah.

Asgharali M M Jaffer

Khums - On gift items

QUESTION:

I have recently become engaged and my engagement is due to last about
a year. My parents have begun to buy things towards the wedding and
our married life, my question is when are these things liable to
khums, because they are for the wedding they will be unused, so, do I
have to pay khums on them when they are a year old or when my khums
date arrives?

I thank you for your help in this matter,

Wasallam

ANSWER:

There is no Khums on gift. However, if cash is received as gift, and it
remains unused till the end of year, or a part of it, then there is
Khums on the balance unused.

Asgharali M M Jaffer

Khums on haram expenses

QUESTION:

If a person spends money in buying cassettes of ghina, does he then have to
pay khums on the money he spent, since it would be a money spent in haram ?
[T: Agha Seestani / Khui]

ANSWER:

All Mujtahids have ruled that haraam expenses are not exempted from Khums.

Asgharali M.M. Jaffer

Khums - On Kaffarah fast?

QUESTION:

Assalam Alaikum,

I am following Ayatullah Seetani, and through him Ayatullah Khoe. So
please answer me question according to Ayatullah Khoe's fatwa.

I am sending money for my fast Khuffarah so that the person in India can
arrange for food for needy people. These fasts I did not keep about 10
years ago. The question is: Do I need to give khums on this money when
my khums date comes?

Thank you in advance.

ANSWER:

Assuming that this money is not related in any way to Khums due from the
past, there's no obligation to pay Khums on it. Khums is only required
on that money which remains with you at the time when the Khums year has
arrived or that money which you receive that is not income, nor inheritance.

Was-Salaam,

Ali Rasheed

Khums on Land

QUESTION:

Khums:-A person had purchased land with the hope of constructing a house
but did not have enough money to construct and land was idle for 1 year.
Can he take land cost as expense?

Taqleed of Ayat Seestani

ANSWER:

No, he will have to pay Khums.

Sayyid Muhammad Rizvi

Khums on part used items

I request that this question be answered according to both the Resalah of
Ayatuallah Seestani, and Marhum Ayatuallah Gulpaygani.

Question:

What is the Masail on khums relating to the purchase of audio cassette
tapes? If I buy a set of Qur'an on tape (30 tapes) and only listen to
10, and my Khums date comes up, do I pay Khums on the remaining 20 I
have not listened to yet?
I have purchased over 100 cassette tapes from a Muslim Brother with
various Duas, Majalis, etc.. on them.
Must I pay Khums on these tapes, if I don't listen to them all within
one year?

Would this same rule apply to books, if you buy (for example) 10 books,
and only read 2 of them within the year, do you then pay khums on the
remaining books, or can you read one page, and then your khums is "not
applicable" on that item since it has been used atleast once in the year??

How 'far' must we go in the issue of Khums - are these types of questions
going too deep into the Islamic Laws, or are these valid questions??

Answer:

Since you have bought a set of tapes, having listened to some of them (and
presumably you will be listening to the others) means that you do not have
to pay khums on the rest especially as they are treated as one set of
tapes. You do not have to listen to all of them in one year.

Similarly, if you buy a new set of books, if you have read some of them and
intend to read others you do not have to pay khums on them.

As far as as the question of going too deep is concerned, I can only say
when in doubt please ask.

And Allah knows best

Liyakatali

Khums on Property

QUESTION:

Assalam O Alaikum.

I have the following questions regarding Khums

Q1. Is khums payable on the money obtained from the sale of property
inherited from father. For example I (along with my siblings) inherited
from my father a plot of land which we now want to sell as a whole and
distribute the share according to rules of inheritance.

ANSWER:

Khums will be payable on the whole property only if you know there is
outstanding amount to be paid or that your father was not paying Khums.
Otherwise, there is Khums only on the excess amount that you save after
deducting your expenses and that even at the end of the specified date -
the end of the year date.

Q2. Is khums payable on the money obtained from the sale of property
purchased by my father in my name. For example he bought a shop for me
in my name and now I want to dispose it of for some business reasons.

ANSWER:

Same rule would apply - See answer above.

Q3. What is the case of property which I inherited from him or he bought
it in my name and it is still under my use (i.e I do not have any
intention of selling it). For example residential house, agricultural
land (under my cultivation), an office premises, etc.. Is Khums also
payable on them?

ANSWER:

You will only pay Khums on the savings that is the profits (proceeds from
the land) less your expenses and all surplus funds available to you at the
end of the year (As specified by you) will have to Khumsed :)

NOTE:
Please note that my father used to pay khums from his savings. Please
also note that I am in Taqlid of Imam Khoei.

REPLY:
Alhamduli.... All the above has been taken from Articles of Islamic Acts by
Ayatullah Khui Pages 370-371.

With Salaams and Duas

Mustafa Jaffer

Khums on RRSP / Mutual Funds

QUESTION:

Salaam Alaikum. I have a question regarding khums and need the answer as
per Aytl. Khui.

If my due date for khums is in July and I put all my money in a certificate
of deposit account or in mutual funds before July which is not available
for withdrawal for over an year or more, do I have to pay Khums for that
money?

For example, I put $5000 on deposit and the Khums due (if due) should be
$1000. I earn some money until July but none of it is for saving and not
enough to cover the thousand. Do I have to pay that $1000 or is it due
when the account matures?

Wasalaam.

ANSWER:

Salaamun 'Alaykum

The general principle is that you do not have to pay khumus for money
which is locked up in an RRSP or in mutual funds. WHen it matures and the
due date arrives, then you will pay the khumus accordingly.

Iltimase du'a

Liyakatali

Khums on savings (follow up)

INITIAL QUESTION:

Does the method of determining the savings (in order to calculate Khums
thereon) have to be one of 'cash basis' or 'accruals basis' or is there a
choice? Does one have to be consistent one way or the other?

NB: By 'cash basis', I mean deducting last year's bank balances from this
year's to arrive at net savings in the year. By 'accruals' basis, I mean
also taking into account known commitments and amounts recoverable from
other people.

ANSWER:

The method of determining the savings has to be on 'cash basis' the way you
have described it in your question. Commitments and amounts recoverable
from other people is not liable for khums until you have it in your
possession.

The following question was asked recently to which I would like to add a
further question. I'd like an answer per Agas Khui and Seestani.

FOLLOW-UP QUESTION # 1:

What about money placed into a life insurance policy? Would Khums have
to be paid on payments into the insurance policy? Or, the cash surrender
value (which would include the payments into policy + growth)? Or, when
the policy is actually cashed and saved over a year? I'd like an answer
to the same question in regards to registered retirement savings plans...
(Khums on?: payments in to plan, total value including growth, when it's
taken out, etc..)

ANSWER:

In case of life insurance, there can be two situations:

1. If the life insurance is just a means of saving --- then the annual
premium should be taken into consideration when calculating the savings
of that year and khums has to be paid on that amount.

2. However, if the life insurance policy is taken out against a liability
(e.g., against home mortgage) --- then the premium, in this case, is just
like the premium paid for car insurance and no khums is due on it.

In either case, when your policy matures and you get paid from the insurance
company --- then that money will be part of your that year's income and
khums will be wajib if it remains with you for one year.

FOLLOW-UP QUESTION # 2:

Does Khums have to be paid on money being saved for a purpose, i.e. to
pay for: education, down payment on home, car, furniture and other
chattel, etc.?

ANSWER:

If you are saving the money for use in that same year, then obviously there
is no khums in it. But if you are saving the money for a usage in coming
year(s), then you have to pay khums out of it.

Yours in Islam,

Sayyid Muhammad Rizvi

Khums when in debt

QUESTION:

I have a fixed deposit of x amount, but against this fixed deposit
Ihave been issued a credit card and overdraft and the balance is only
about 6000 Dhms. This means that I will not be able to have access to
the fixed deposit amount UNLESS I have paid off my credit card and
overdraft. Do I still have to pay Khums on the total amount or do I have
to pay khums on the amount that is not guaranteed.

Answer:

YOU HAVE TO PAY KHUMS ON THE FULL AMOUNT.

QUESTION 2:

If I have to pay khums on the full amount, then is it okay for me to pay
off the credit card and overdraft with this money instead of paying
khums on the money. Will I be doing something wrong ??

Answer:

ABSOLUTELY NOT! ALL OUTSTANDING PAYMENTS CAN BE MADE JUST BEFORE KHUMS
DUE DATE SO AS NOT TO PAY MORE KHUMS....

QUESTION 3:

Also, I have purchased some certificates which might allow me to
become a millionaire by draw, but I have to keep these certificates for
several months in order to make me eligible to win. Do I have to pay
Khums on this amount ?

Answer:

THESE ARE CONSIDERED AS PART OF YOUR SAVINGS SINCE THEY CAN RECOVER THE
FULL CASH VALUE. IF THE DUE DATE FOR PAYMENT OF KHUMS FALLS WITHIN THAT
SEVERAL MONTHS WAITING, YOU WILL HAVE TO PAY KHUMS ON THAT.

WASSALAAM

MUSTAFA

Kifayatul Athar by Al Khazzaz

Question:

I believe in one of the answers on ABDG-A, Kifayatul Athar was said to be a
Sunni source. I think the author is Al-Khazzaz.

My question is: If this is correct, could you tell us more about Al-Khazzaz,
viz when he lived, what are some his books, etc?

Answer:

Information on the book Kifayatul Athar by al-Khazzaz.

The complete book title is: "Kifayatul Athar fi al-Nusoos ala al-Aemmatil
Ithnai 'Ashar (as)", by Abi al-Qasim Ali bin Mohammad bin Ali al-Khazzaz
al-Razi al-Qummi.

The title means: The sufficient traces in the clear-statements on the
Twelve Imams (as).

al-Khazzaz lived in the end of the fourth century, was a contemporary of
Shaikh al-Sadouq (306-381 AH).

1. al-Shaikh Abbas al-Qummi in his "Safinatul Bihar" indicates the
references to Kifayatul Athar by the symbol Noon-Ssad. He precedes the
author's name by "al-Shaikh, the trusted, his excellency Abil Qasim...; he
narrates from al-Shaikh al-Sadouq and Ibn 'Ayyash."

2. al-Majlisi in "Biharul Anwa~r" uses the title as a standard reference
indicated by Noon-Ssad. In identifying the author he says: "a trusted one
from our companions - Imami". (V zero, p 150)

3. al-Sayyid Muhsin al-Ameen in "A'yan al-Shi'a", v8, p330;
He says: "A jurist (faqeeh) he has the following books and more:"
- Kifayatul (Athar fi) al-Nusoos ala al-Aemma al-Ithna
'Ashar"
- al-Ithah fil Kalam (Clearification in Talk)
- al-Amali

4. There is a reference to Muhammad bin Ali al-Khazzaz from Kifayatul
Athar in "al-Tahtheeb" by Shaikh al-Tousi (one of the four hadeeth books),
v4, p205, hadeeth #623. Also, in "Mustadrak al-Wasael", by al-Noori, v16,
p201.

We can gather from the above references that it appears that person
is the father of the author of Kifayatul Athar. However, al-Sayyid al-Khoei
(qs) says that narrator's name is in error in the hadeeth book, and that
it should have been Muhammad bin Yahya al-Khazzaz. (Mu'jam Rijal al-Hadeeth,
Sayyid al-Koei, v17, p46.)

Wassalam,

Shaun Astarabadi

Kurr water

QUESTION:

Dear Brother

Assalmualikum

Ayatullah Syed Ali Hussani Seestani(may he live long) has ruled that
water from a tap shall be treated as "Kurr" if the source to which the
tap is attached contains kurr water.

My question is, what if the reservoir to which the tap is attached,
though itself doesn't contain kurr water but that reservoir is inturn
attached by way of an electric motor to an underground water tank
containing kurr water.Shall the tap water be treated as kurr when the
motor is switched off.

ANSWER:

Yes, the 'Silsila' or connection will make this tap water KURR.

Asgharali M M Jaffer