Ask an Alim

Wa Alaykumussalam

I appreciate your questions and clarifications regarding Khums.

Answer 1:

The loan is not subject to khums.

Ruling 1803. If a person does not make a profit at the end of a year and borrows money in order to meet his living expenses, he cannot deduct the borrowed amount from the profit made by him in succeeding years and thereby not pay khums on the profit. However, if he borrows money during the year in order to meet his living expenses and he makes a profit before the year’s end, he can deduct the borrowed amount from his profit. Similarly, in the first case, he can repay the borrowed amount from gains made during the year and that amount is not liable for khums.

Ruling 1804. If a person borrows money in order to increase his wealth or to purchase something that he does not need, and if he repays the loan from the profit he acquires in that year without paying khums, he must pay khums on the property after the arrival of the khums year unless the money that he borrowed or the item that he purchased from the loan money perishes during the year.

https://www.sistani.org/english/book/48/2280/

Answer 2:

If khums has been paid on the money which have been left unused, are not due to khums again unless the whole amount is used and the new amount is counted as the surplus.

If you have kept money in bank on which you have already paid khums (suppose $1000), and the bank gives you profit and that profit remains till your khums date then the khums will have to be paid only on the profit and not the actual $1000 on which you have already paid khums last year.

Ruling 1773. If a person saves money on his living expenses for the year by being frugal, he must still pay khums on it.

https://www.sistani.org/english/book/48/2280/

Question: Is Khums payable on my last year’s bank balance?

Answer: Khums is not payable, if you paid Khums from your balance last year.

https://www.sistani.org/english/qa/01234/

Answer 3:

Yes only the surplus will be calculated for khums and the amount on which you have already paid khums will not be due to khums.

Answer 4:

Khums has to be paid

Answer 5:

Ruling 1810. If a child who is a minor (Saghīr) acquires some profit, albeit from gifts, and if during the year the profit is not used for the child’s living expenses, it becomes liable for khums and it is obligatory on the guardian (walī) of the child to pay khums on it. In the event that the guardian does not pay it, it is obligatory on the child to pay khums on it after he reaches the age of legal responsibility (i.e. becomes bāligh).

https://www.sistani.org/english/book/48/2280/

Issue 383: If a non-baligh child has some money, and from that money receives a profit, the paying of the khums becomes wajib on the child’s guardian, and if he does not pay the khums for this property, then once the child becomes baligh, he must pay the khums.

https://www.al-islam.org/simplified-islamic-laws-youth-and-young-adults-sayyid-ali-hussaini-sistani/khums

May Allah swt give us Tawfiq to fulfill our Islamic responsibilities.

Wassalam,

Syed Haider