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['Aalim Network QR] Khums

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\

The following question was kindly answered by Maulana Muhammad Rizvi. There
is a comment in the middle of the question as well as an answer at the end.


Abbas Jaffer 
Acting Moderator - ABDG-A.


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.

         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.

        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

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