[Answered]Khums/Zakaat

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[Answered]Khums/Zakaat

Postby Moonbeam » 11 Nov 2004, 15:49

Salaams,
For quite a while I have been wondering bout the issue of giving Khums and Zakaat and the Islamic rulings bout them. I referred the Islamic Laws By Ayatulla Sistani (whose taqleed I am doing), however, I found them quite confusing.
I hope I can have qstns answered here..

What is the difference between Khums and Zakaat?
Do we have to give out Khums on items that have been gifted to us, but has remained unused for more then a year?
What if you are not earning? Do u still have to give out Khums on the gifts?
On whom does Zakaat apply and when to give it?

I would appreciate an answer to the above qstns..
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Postby abuali » 20 Nov 2004, 02:01

Alaykum Salaam Moonbeam

Thanks for posting the question. I am sure many of us have the same or similar question about Khums/Zakaat.

I personally had a similar question regarding Khums. I have read some fatwas as regards to it. But i will refrain from answering your questions for fear that I may have misunderstood the fatwas. Hence I have forwarded your question to a scholar and will post the answer as soon as I receive it.

In the meanwhile, we have approached a few scholars. Inshallah we shall soon have them online posting answers directly.
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Postby Moonbeam » 20 Nov 2004, 12:45

Thank u very much.. I appreciate the help.. waiting for the reply..
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Postby abuali » 23 Nov 2004, 00:09

Salam Alaikum

The following questions have been kindly answered by Moulana Rizvi
according to the Risala of Ayatullah Seestani. There are five questions
and answers in sequence.

Thanks

Mahmood Kara
The Alim Network

Background:

Salam alaykum, brothers.

I am a muqallid of Ayatullah Ali Seestani.

I have a few interrelated questions on the topic of Khums.
My annual date for calculating Khums is coming up in about a month's
time. Up till last year my financial situation was fairly straightforward.
However, over the past year I have got married and bought a flat on
mortgage.

Question 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)

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 legitimage expense and, therefore, there is no khums on it. (Ibid, p. 395)

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.

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.

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
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Postby abuali » 23 Nov 2004, 00:52

http://www.rafed.net/books/other-lang/m ... l-e18.html

The above is the link to fatwas related to Khums

And a simple and comprehensive book about Khums, written by Sayyid Muhammad Rizvi is available at:-

http://www.al-islam.org/beliefs/practices/khums.html
Last edited by abuali on 23 Nov 2004, 01:08, edited 1 time in total.
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Postby abuali » 23 Nov 2004, 01:02

Question:What is the difference between Khums and Zakat?

Answer:Both are obligatory, but Khums is on gains after exception of expenses of the year and Zakat is on cattle, crops, gold and silver.

The above Q& A has been taken from: -

http://www.sistani.org/html/eng/menu/4/ ... =32&page=1
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Postby abuali » 23 Nov 2004, 01:04

http://www.rafed.net/books/other-lang/m ... 9.html#187

The above is the link to fatwas related to Zakaat
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Postby Moonbeam » 23 Nov 2004, 21:55

I really appreciate the reply.. has helped alot! thank you.. Havent had the time to go thru the book on Khums, insh will do so soon.

I have one more quiery on zakaat. It says zakaat needs to be paid for gold n silver; does this mean on the gold/silver jewellery possesed by someone or gold as in the mineral that is acquired thru mining?
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Postby abuali » 27 Nov 2004, 02:28

Thats a good question you have posted.

I have always assumed that it includes the gold/silver jewellery that one posses.

However, to get a more knowledgeable opinion, I have refered it to a scholar, and will post his answer soon.
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Postby abuali » 29 Nov 2004, 11:49

My assumption was not correct.

The question you posed about the gold and silver was answered by Tabligh DSM as follows: -

Zakat on gold and silver becomes obligatory only when they are made into coins, and are in currency for transactions.
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Re: Khums/Zakaat

Postby abuali » 05 Oct 2013, 11:17

Sheikh Saqalain, please do post your comment and the rulings of Sayyid Sistani on this matter.

Jazakallah
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Re: Khums/Zakaat

Postby Sh.SaqalainAbbas » 05 Oct 2013, 16:04

(bismillah)
(salam)

questions
What is the difference between Khums and Zakaat?
Do we have to give out Khums on items that have been gifted to us, but has remained unused for more then a year?
What if you are not earning? Do u still have to give out Khums on the gifts?
On whom does Zakaat apply and when to give it?

I would appreciate an answer to the above qstns..



answers
1 both are obligatory but

Khums is on gains after exception of expenses of the year and Zakat is on cattle, crops, gold and silver.

khums is wajib on seven (one of them is on base of obligatory precaution )things but zakat is wajib on ten things (one of them is on base of obligatory precaution. )

In khums there is taxable limits on some of them but in zakat each of them has taxable limits

There are certain specific things which have obligatory Zakat. As for Mustahab Zakat, it includes everything. Money deposited in bank does not have obligatory zakat. Rather, khums is payable on it, if it is not spent for expenses in a complete lunar year.

in khums there is no condition of buloogh even it is wajib on wali of non baligh who have enough conditions of khums but the bologh is a condition for obligatory Zakat on gold silver and business amount


in Khums we have divide it into two parts one of them is for imam (in his absence his naib) and second for deserving hashmis but in zakat there is no specific partitions we can give all zakat to any deserving person.

in khums 50%of part of imam can be given to deserving non hashmi people and other religious projects with the perission of mujtahid and second part can be given to only deserving hashmi even with out permission of mujtahid and in Zakat It is permissible for a Hashimi to give his sadaqa to another Hashimi or to a non-Hashimi. This includes both Zakat of property and zakat of Fitra. But it is not permissible for a non-Hashimi to give his Sadaqa to a Hashimi.


2nd answer

on gifts khums become wajib after the excluding expenses of whole year .



3rd answer
http://www.sistani.org/english/book/48/2303/

1933. Zakat can be spent for the following eight purposes:
It may be given to poor person, who does not possess actual or potential means to meet his own expenses, as well as that of his family for a period of one year.

However, a person who has an art or possesses property or capital to meet his expenses, is not classified as poor.

It may be paid to a miskin (a destitute person) who leads a harder life than a Faqir (a poor person).

It can be given to a person who is a Wakil of Holy Imam (A.S.) or his representative to collect Zakat, to keep it in safe custody, to maintain its accounts and to deliver it to the Imam or his representative or to the poor.

It can be given to those non-Muslims who may, as a result, be inclined to Islam, or may assist the Muslims with the Zakat for fighting against the enemies, or for other justified purposes.

It can be given to those Muslims also whose faith in the Prophet or in the Wilayat of Amirul Momineen is unstable and weak, provided that, as a result of giving, their faith is entrenched.

It can be spent to purchase the slaves to set them free, the details of which have been given in its relevant Chapter.

It can be given to an indebted person who is unable to repay his debt.

It may be spent in the way of Allah for things which has common benefit to the Muslims; for example, to construct a mosque, or a school for religious education, or to keep the city clean, or to widen or to build tar roads. It may be given to a stranded traveller.

These are the situations in which Zakat can be spent. But in situation number 3 and 4, the owner cannot spend without the permission of Imam (A.S.) or his representative; and the same applies to the 7th situation, as per obligatory precaution. Rules relating to these are explained in the following articles:

1934. The obligatory precaution is that a poor and destitute person should not receive Zakat more than his expenses and those of his family, for one year. And if he possesses


http://www.sistani.org/english/book/48/2304/

Zakat » Qualifications of those entitled to receive Zakat

1950. It is necessary that the person to whom Zakat is paid is a Shi'ah Ithna'ashari. If, therefore, one pays Zakat to a person under the impression that he is a Shi'ah, and it transpires later that he is not a Shi'ah, one should pay Zakat again.

1951. If a child or an insane Shi'ah person is poor, a person can give Zakat to his guardian with the intention that whatever he is giving will belong to the child or to the insane person.

1952. If a person has no access to the guardian of the child or of the insane person, he can utilize Zakat for the benefit of the child or of the insane person himself, or through an honest person. And he will do the Niyyat of Zakat, when the money has reached for the purpose.

1953. Zakat can be given to a poor man who begs, but can not be given to a person who spends it for sinful purpose. In fact, as a precaution, it cannot be given to a poor man who, as a result of receiving, feels encouraged to commit sins, even if he does not spend that sum for sinful purposes. In fact, as a precaution, it cannot be given to a poor man who, as a result of receiving, feels encouraged to commit sins, even if he does not spend that sum for sinful purposes.

1954. As an obligatory precaution, Zakat cannot be given to a drunkard, or one who does not offer daily prayers, or one who commits major sins openly.

1955. The debt of a person who cannot repay his debt can be paid from Zakat even if his maintenance is obligatory on the one giving Zakat.

1956. A person cannot pay from Zakat the expenses of his dependents, like, his children. But, if he himself fails to maintain them, others may give them from Zakat.

1957. There is no harm if a person gives Zakat to his deserving son for spending on his wife, servant and maid servant.

1958. Father cannot pay for the religious or secular books required by his son for education, from Zakat money, except when public welfare warrants it, and as a precaution, he has sought the permission of the Mujtahid.

1959. If a father is not financially capable of getting his son married, he can get him married by spending Zakat, and the son can similarly do so for his father.

1960. Zakat cannot be given to a wife whose husband provides for her subsistence, nor to one whose husband does not provide for her subsistence, if it is possible for her to refer to Mujtahid who would compel him to provide.

1961. If a woman who has contracted temporary marriage (Mut'ah) is poor, her husband and others can give her Zakat. But if the contract had a condition that the husband would maintain her for her expenses, or if it is obligatory on the husband for some other reason to maintain her, and he fulfils the obligation, Zakat cannot be given to her.

1962. A wife can give Zakat to her husband who may be poor even if the husband may in turn spend that Zakat for her, being his wife.

1963. A Sayyid cannot take Zakat from a non-Sayyid. However, if Khums and other religious dues are not sufficient to meet the expenses of a Sayyid and he has no alternative, he may take Zakat from a non-Sayyid.

1964. Zakat can be given to a person about whom one is not sure whether he is a Sayyid or not.

hope will be beneficial

w salaam

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