Avoiding Khums by Gifting Money Before the Due Date

Question

Is it permissible to avoid paying khums by giving money to someone before the due date, and then having that person return the money?

Answer 1

Peace be upon you and God's mercy and blessings.

Ayatollah Khamenei and Ayatollah Sistani (may Allah protect them):

If a husband and wife, or others, gift each other their annual profits before the due date of their khums year to avoid khums being applicable to their money, such a gift does not exempt them from the obligatory khums, as it is merely a facade to evade khums. However, if the intention was genuinely to gift a certain amount to his wife or someone else, and he chose that specific day before khums applies to the money, then there is no issue with it.

May you be successful in all good.

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Source:

Ayatollah Khamenei (may Allah protect him): Fiqh al-Wali - Rulings on Khums - Evasion of Khums + Educational Message - Khums - Khums on Profits (2) - Appropriate to His Situation

Ayatollah Sistani (may Allah protect him): Minhaj al-Salihin - Vol 1 - On the Categories of What Increases in Value - M1217