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The Khums which has become wajib and remained unpaid must be paid. Haj and other wajibat are the obligatory things on their own side and will not exempt one from paying Khums.

Since I neither know the fixed amount and the interest for every year, nor I know if the interest amount remained till your khums date or not. But in general, I will mention the rulings accordingly.

Please pay attention to the following and find your exact situation:

1. If you had already paid khums on the total amount which you have deposited in the fixed account, then you will not have to pay the khums on that particular amount if that stayed in the account for 8 years.
2. If the interest/profit what you were getting every year was used in the same year before your Khums date, there will be no khums on the profit as it was used before the khums date.
3. If the profit/interest was deposited in the fixed account and if the khums was given on this particular amount of interest which was added on the real fixed amount, still there is no khums if you had already paid.
4. But if the interest/profit was deposited in the account and you haven’t paid khums on it, then you must pay khums on that amount.

If you deposited the interest/profit in the fixed account and if khums was not given on both amounts(fixed+profit), then one fifth of all the amount should be paid.

Since you are in debt and you don’t have money to pay the khums, the best thing is to speak to Ayatullah Sistany’s Wakil and tell him the situation and do Musalaha(settlement), i.e: by speaking with the Wakil, the ups and downs and the amount you don’t remember can be figured out and with his permission you can be exempted and he will let you know how much khums should be paid.

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/

Ruling 1814. If someone has not paid khums from the time he became legally obliged to fulfil religious duties, or if he has not paid khums for a period of time – for example, a number of years – then, if during the year he purchases something that he does not need from profit made by trading and one year passes from the time he started trading – or, if he is not a trader and one year passes from the time he made the profit – he must pay khums on the item. However, if he purchases household furniture and other items that he needs in accordance with his status, it is not necessary for him to pay khums on them provided that he knows that he purchased them during the year in which he made a profit, and he purchased them with the same year’s profit, and he used them in the same year. And if he does not know this, then based on obligatory precaution he must arrive at a settlement (musālahah) with a fully qualified jurist on an amount that is proportionate to the probability; for example, if he deems it 50% probable that khums on the items is obligatory, then he must pay khums on that 50%.

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

May Allah(swt) grant you success

Wassalam,

Syed Haider