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2013/05/15
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Summary of question
Is Khums payable on money which has been deposited free of interest only to be used in future for buying a house?
question
I am a 26 year man who is planning to marry in future. I have just started to work and I want to deposit about nine million Tumans with Bank Maskan to be qualified for taking loan. However, if you are to receive mortgage loan, you must let the money remain deposited in your account with the bank for one year. Given the fact that there is a high rate of inflation in the country, is Khums applicable to this money according to jurisprudents’ verdicts?
Concise answer
Supreme Leader, Grand Ayatollah Khamenei, may Allah grant him long life, says in response to the following question: There is a person who does not have a house of his own to live in. He has saved some money to buy a house or to buy his necessities. Is Khums applicable to his saving?: “If the property (money) saved from the year’s income is for purchasing some necessities for the same year, Khums will be applicable to it at the end of year. If, according to the financial status of the person, buying their life necessities depends on saving annual earnings and they decide to spend these savings to purchase such things in the near future (e.g. within two or three months) and paying Khums prevents them from purchasing them, then such savings are not subject to Khums.[1]
Therefore, according to him, Khums will be applicable to your money which has been saved for buying a house, if the saved money is from yearly income and it is not spent in the near future for buying a house.[2]
As well, some grand religious authorities and jurisprudents have said in response to the understated question: Is Khums payable on money saved and deposited in bank account for several years to buy a house?
Imam Khomeini (ra), Ayatollah Khamenei, Ayatollah Sistani, Ayatollah Tabrizi (ra), Ayatollah Makarem Shirazi and Ayatollah Wahid: “Yes, Khums is payable.”[3]
Ayatollah Fazel Lankarani (ra), Ayatollah Bahjat and Ayatollah Noori Hamedani: “If there is no way to buy a needed house other than to save money, Khums is not payable on the money.”[4]
Ayatollah Saafi: “If the said house is needed at present and it is within his social status and there is no way to buy the house other than that mentioned above, Khums is not payable on the saving.”[5]
It should be noted at the end that all the jurisprudents who believe that Khums is not payable on the said saving say that if the deposited amount of money is not spent in future for purchasing a house, Khums should be paid from it.
Therefore, according to him, Khums will be applicable to your money which has been saved for buying a house, if the saved money is from yearly income and it is not spent in the near future for buying a house.[2]
As well, some grand religious authorities and jurisprudents have said in response to the understated question: Is Khums payable on money saved and deposited in bank account for several years to buy a house?
Imam Khomeini (ra), Ayatollah Khamenei, Ayatollah Sistani, Ayatollah Tabrizi (ra), Ayatollah Makarem Shirazi and Ayatollah Wahid: “Yes, Khums is payable.”[3]
Ayatollah Fazel Lankarani (ra), Ayatollah Bahjat and Ayatollah Noori Hamedani: “If there is no way to buy a needed house other than to save money, Khums is not payable on the money.”[4]
Ayatollah Saafi: “If the said house is needed at present and it is within his social status and there is no way to buy the house other than that mentioned above, Khums is not payable on the saving.”[5]
It should be noted at the end that all the jurisprudents who believe that Khums is not payable on the said saving say that if the deposited amount of money is not spent in future for purchasing a house, Khums should be paid from it.
[1] Tawzih al-Masail of Maraje’, vol.2, p. 79, question 909.
[2] Vide: Index: Khums on Saved Money, No. 296 (site: 744).
[3] Makarem, Isteftaat, vol.2, question 533; Tabrizi, Isteftaat, question 889; Khamenei, Ajwebat (answers), question 908; sistani (sistani.org), Khums, No. 10; Offices: Imam Khomeini and Ayatollah Wahid Khurasani.
[4] Fazel, Jami’ al-Masail, vol.1, question 677; Bahjat, Tawzih al-Masail, issue No. 1391; Noori Hamedani, Isteftaat, vol.2, p. 328.
[5] Saafi, Jami’ al-Ahkaam, vol.1, question 706.
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