Early life Edit al-Sistani was born in Mashhad , to a family of religious clerics who claim descent from Husayn ibn Ali , the grandson of Muhammad. However, when he died in , al-Sistani ascended to the rank of Grand Ayatollah through traditional peer recognition of his scholarship. Role in contemporary Iraq Edit Since the overthrow of the Baath Party, al-Sistani has played an increasingly prominent role in regional religious and political affairs and he has been called the "most influential" figure in post-invasion Iraq. Later, Sistani called for a democratic vote of the people for the purpose of forming a transitional government.

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Profit or gain from earning. Amalgamation of Halal wealth with Haraam. Gems obtained from the sea diving. Spoils of war. As commonly held, a land which a zimmi a non-Muslim living under the protection of Islamic Government purchases from a Muslim. Profit from Earning Issue If a person earns by means of trade, industry or any other ways of earning, like, if he earns some money by offering prayers and fasting on behalf of a dead person, and if it exceeds the annual expenses for maintaining himself and his family, he should pay Khums i.

Issue If a person acquires wealth without having worked for it , like, if someone gives him a gift, and that wealth exceeds his own annual expenses, he should pay Khums from the excess. Similarly, if a person inherits from an unexpected source, neither from his father nor from his son, then as an obligatory precaution, he will pay Khums from that inheritance if it exceeds his annual expenses. But in both the cases, if the person from whom he inherits did not believe in Khums, or never paid it, then it is not necessary for the heir to pay off the Khums owed by the dead.

Issue If a person saves from the annual expenses because of economising and frugality, he should pay the Khums. Issue If a person gives away a property as Waqf to some individuals, like his sons, and if they do farming and planting trees on that property, and acquire from it an earning which exceeds their annual expenses, they should pay its Khums.

Similarly, if they profit from that property in some other manner, like if they lease it out, they should pay Khums from the amount which exceeds their annual expenses. But wealth which he has received as Khums or Zakaat is not liable for any Khums.

And no permission and acknowledgement of a Mujtahid will be necessary. Issue If a person purchases a commodity, and after the transaction, pays its price from the money from which Khums has not been paid by him, the transaction will be in order, but he will be indebted to those who deserve to receive Khums, for the sum he has paid to the seller. Issue If a person acquires wealth from an unbeliever, or a person who does not believe in paying Khums, it will not be obligatory for him, that is, the person who receives, to pay Khums.

And if a person who is not earning, makes an unexpected gain, he should pay Khums after a year has passed since he gained, on the savings which exceeds his expenditure for that year. Issue A person can pay Khums as and when he earns a profit during a year, and it is also permissible to delay payment of Khums till the end of the year.

And there is no objection if one adopts the solar year for the payment of Khums. Issue If a merchant or an earner fixes a year for payment of Khums, and makes a profit, but dies during the same year, his expenses till his death should be deducted from the profit, and Khums should be paid on the balance. Issue If the price of a commodity one purchases for the purpose of business shoots up, and he does not sell it, and its price falls during the year, it is not obligatory on him to calculate Khums on the increased prices.

Similarly if, the tree which he has purchased bears fruit, or a sheep which becomes fat , and if his object in maintaining them was to earn profit, he should pay Khums from the price increase. In fact, even if it was not his object to earn profit, he should pay Khums on them. But, if his intention is to sell the fruit of the trees and benefit from its value, he should pay Khums on the fruit only.

Issue If a person plants willow, plane tree and other trees like them, he should pay Khums on their growth every year. And similarly, if he makes profit from the branches of the trees which are cut every year, and the price of these branches alone, or the same added with other profits made by him, makes his income exceed his expenditure for the year, he should pay his Khums at the end of each year.

And if he makes a profit in one source and sustains loss in another, he can offset his loss of one with the profit of the other. But if he has two different businesses, like, if he is engaged in trade as well as farming, he cannot, as an obligatory precaution, offset the loss in one with the profit made from the other. Issue A person can deduct from his profit, the expenditure which he incurs in making profit, like, on brokerage and transportation, and it is not necessary to pay Khums on that amount.

Issue No Khums is payable on what one spends from his profit during the year on food, dress, furniture, purchase of house, marriage of son, dowry of daughter, Ziyarat etc. Issue Whatever a person spends on Nadhr and Kaffarah is a part of his annual expenditure.

Similarly,what he gives away as a gift or a prize is included in his annual expenditure, provided it is not beyond his status. But if he exceeds his means, or spends the profit of one year to buy the dowry in the following year, he will pay its Khums. Issue Whatever a person spends for his journey to Hajj and other Ziyarats pilgrimages is reckoned to be part of his expenditure of the year in which he spends it, and if his journey extends till part of the next year, he should pay Khums on what he spends during the second year.

And if he wants to pay its value, which may have increased since he brought the provision, he should calculate the price prevailing at the end of the year. There will no liability of Khums if their needs cease to exist during the year, but they must be those articles which are kept for many years, like the winter and summer dresses.

Other than these, Khums will be, as an obligatory precaution, liable as soon as their need is over. Similarly, when a woman no more needs her ornaments for adornment, Khums will have to be paid on it.

Issue If a person does not make any profit during a year, he cannot deduct his expenditure of that year from the profit which he makes in the next year. But if he needs that thing during that very year, he can procure it from the profit. But, if he borrows money in the beginning of the year to meet his expenses, and makes profit before the year ends, he can deduct the borrowed amount from his profit. Similarly, in the first case mentioned above, he can deduct his debt from the profit made during the year, and that part of the profit will not be liable for Khums.

However, if the loan taken out by him, or the thing purchased with it, is lost, he can pay the loan out of the profit made by him during that year. But if he wants to pay from another commodity which has not yet become liable for Khums, he cannot do so without the permission of Mujtahid. Issue If a person becomes liable for Khums and he has not paid it although a year has passed, and also does not intend to pay it, he cannot have any discretion over that property.

In fact, as an obligatory precaution, the position is the same i. Issue A person who owes Khums cannot take responsibility for it, i. Issue If a person who owes Khums makes a compromise with the Mujtahid, and takes responsibility for it, he can appropriate the entire property, and the profit he earns from it after the compromise, belongs to him. But if he does not, the minor child will have to pay it when he attains puberty.

In fact, even if he is certain that the other person has not paid Khums on it, he has the discretion over it if that person is a Shia Ithna Asheri. Issue If a person purchases with the profit earned by him, a property which is not supposed to be part of his needs and annual expenses, it is obligatory on him to pay Khums on it at the end of the year.

And if he does not pay Khums, and the value of the property increases, he should pay Khums on its current value. And besides property, the same rules apply to carpets etc. Issue If a person who has never paid Khums since he became liable, purchases a property, and its price goes up, and if he had not purchased it with the intention to see its price inflated and sell - for example, if he had purchased a land for farming and paid its price out of the money on which he had not paid Khums, he should pay Khums on the purchase price.

And if he does not know, he should, as an obligatory precaution, make compromise with the Mujtahid. But if anyone extracts them without any religious impediments, he can own them. And when they are of prescribed quantity, Khums must be paid on them. Issue The taxable limit of a mineral is 15 common mithqals of coined gold i.

This will become obligatory without deducting annual expenses Issue If a person acquires something from a mine, he should pay Khums on it whether the mine is over the ground, or under, and whether it is located in an owned land, or at a place which has no owner.

But this is a matter of Ishkal, and a better alternative is that they come to some understanding between them, and if that fails, reference should be made to the Mujtahid for his decision. Treasure - Trove Issue A treasure trove is a property which is hidden underground, or in a tree or a mountain or a wall, and someone finds it out. It should be in such form that it can be called a treasure-trove.

It means that any thing found in the treasure should be equal to the above mentioned value of either of the metals before it becomes liable for Khums. But if he has a strong feeling that the treasure may belong to the previous owner of the land, since the land and all in it was in his sole control, he should inform the previous owner.

If it turns out that the treasure is not his, he should inform the owner preceding the previous owner, and so on, and if he finds out that the treasure did not belong to them, he can appropriate it, but he must pay Khums on it. However, if he finds the treasure-trove at several places, it is obligatory on him to pay Khums on each one of those treasures whose value reaches the minimum taxable limit, and no Khums is payable on the treasure-trove whose value is lesser.

But if he finds that it does not belong to either, as an obligatory precaution, he will pay Khums on it, even if its value is less than the minimum limit. This rule applies to fish and its like, if they were looked after in a special place like fish farm, and someone supervised its feeding.

But if the fish was caught from an open sea or a river, then it is not at all necessary to inform anyone. Issue If halal property gets mixed up with haraam property, and the person concerned knows the quantity of haraam property, irrespective of it being more or less than Khums but does not know its owner, he should give away that quantity as Sadaqah on behalf of its owner, and the obligatory precaution is that he should also obtain permission from the Mujtahid.

In fact, if the person concerned knows that it was due to his own negligence that the mix up occurred, then he should, as a precaution, pay more than what he feels might belong to the owner.

Issue If a person pays Khums on a property which has halal mixed with haraam parts, and learns later that the quantity of haraam property was more than Khums, he should give the excess as Sadaqah, on behalf of the owner of the property which has remained unlawful with him. If one of them claims while others do not, or show no interest, he should hand over to the one who claimed.

And if two or more people claim, he should refer to the Mujtahid for his decision after all attempts at compromise and understanding have failed.

And if all of them in the group showed an interest, or did not present themselves for a compromise, then he will draw lots to determine the owner, and as a precaution, the lots will be drawn by the Mujtahid, or his Wakil. Khums should be paid on it, regardless of whether it was brought up after a single dive or more.

But if the gems were brought up in two different diving seasons, and in each case, the minimum value limit of 3. Similarly, when diving is done in partnership, and the share of each partner is not commensurate with 3. Issue If a person takes out gems from the sea mechanically without diving, it is obligatory on him, as a precaution, to pay Khums on it.

But, it he obtains them from the surface of the sea or from the sea-shore, he should pay Khums if his income from this source alone, or in combination with other profits made by him, exceeds his expenses for one year. Issue Khums on fish and other animals which are caught by a man without diving is obligatory, if his income from this source alone, or combined with other profits made by him, exceeds his expenses for one year. As an obligatory precaution, he should pay Khums on it in every situation.

Now, if that animal is one like a pearl oyster which usually contains a gem, he should pay Khums on it if it reaches the minimum limit in value as explained.

And if it has swallowed the gem by chance, then as an obligatory precaution, Khums must be paid on it, even if it does not reach the minimum limit of the value. Issue If a person dives in big rivers like Tigris and Euphrates, and brings out a gem, he should pay Khums on it if gems are usually produced in those rivers. If he obtains it from the surface of the sea, or from sea-shore, the same rule will apply.

Issue If a person whose profession is diving or extracting minerals, pays Khums on what he finds, and his income exceeds his expenses for a year, it is not necessary for him to give Khums on them again.

And if the guardian fails to give, then the child will have to pay the Khums when he grows up to be Baligh. And it is obligatory to pay Khums on what remains after deducting the expenses incurred for protection and transport etc. And for the liability of Khums, there is no difference between movable and immovable booty. Of course, the lands which have been seized as spoils of war belong to the Muslim public, even if the war was not fought with the permission of Imam.

Anything obtained this way should be, as a precaution, returned to them. But this is a matter of Ishkal. But liability of Khums, the way it is understood in this case, is a matter of Ishkal.

One part is Sehme Sadaat, it should be given to a Sayyid who is poor, or orphan, or who has become stranded without money during his journey. The second part is Sehme Imam A. As an obligatory precaution, that Mujtahid must be Aalam, and well versed in public affairs.

Issue An orphan Sayyid to whom Khums is given should be poor. But the Sayyid who has been stranded without money while on journey, can be helped with Khums even if he may not be a poor man in his own hometown.


Ali al-Sistani



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