Question 138 - The Enlightening Answer Across the Ether, Vol 2

Ahmed al-Hasan Response:

In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. It is obligatory upon every legally responsible person, like fasting and prayer. The sources and circumstances in which khums is obligatory are found in The Laws of Islam. Q: How does a person who has not previously paid khums calculate it? Does khums include all the family’s possessions, used and unused-furniture, household utensils, electrical appliances, clothes, and so forth? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. Khums is not obligatory upon one’s residence or the used furniture it contains, nor upon one’s private car. The principal of one’s business is also exempt to the extent that it produces his maintenance for one year. Thus if he owns a factory and receives from it an income sufficient only for his annual maintenance, no khums is due upon the factory. If the income is greater, he pays khums on the proportion of the principal corresponding to the amount exceeding his annual maintenance. Thus if his annual maintenance is 2 and the factory’s income is 4, he pays khums on half of the principal-the factory. No khums is due upon the land of his residence, while khums is due upon other land he owns. He pays khums upon all property he owns except what has been mentioned. This is a summary, and there are other things upon which khums is due. Q: What is the ruling concerning money saved to buy a residential plot by someone who does not own a residence, when there is no surplus beyond annual maintenance except this sum? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. Khums is paid upon it if he has not paid khums previously. If the person is among those who pay khums to its rightful recipient, khums is not paid upon the aforementioned sum unless the date marking the end of his khums year arrives and he has not used it to purchase a residence. Q: An employee received an annual bonus from the company for which he works. Does that require paying khums upon the bonus? If so, is khums paid when it is received or when the khums year arrives? If he wants to use this bonus for his annual maintenance, is khums due upon it? Does this also apply to a noncash gift? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. When his khums year arrives, he pays khums on what remains of the bonus. The same applies to a noncash gift: he pays khums upon it at the year’s end if he has not used it. Q: Is khums obligatory upon jewelry that a woman uses? What is the khums on hoarded, unused gold and silver, and what is its threshold? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. There is no khums upon jewelry-gold, silver, and other materials-that a woman uses as adornment. If she does not use it, khums is due upon it. The threshold is considered for zakat, not khums. Q: Is khums obligatory upon sums that a person deposits into accounts belonging to his children who are not legally responsible? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. Khums is not obligatory upon a child, but it is due upon his property. The guardian must therefore pay the khums from the property of a child who has not reached legal maturity; otherwise, the child pays khums upon his property when he reaches maturity. Q: Does khums suffice in place of zakat if a person does not possess the threshold amount of gold and silver currency or the four crops? When is zakat obligatory, and what are its conditions? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. I mentioned further details concerning khums and zakat in The Laws of Islam. I ask the brothers to publish it and deliver it to you. Q: What is the ruling concerning khums on capital contributed to a commercial partnership? A: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. The answer is present in the preceding answers.