Peace be upon you. I have a specific question regarding Khums. If I have not paid attention to the issue of Khums before, I would like to ask about it now. Since childhood, I was an orphan and had guardians who collected sponsorship money for me. Should I have paid Khums on this money? Additionally, if I bought gold for savings and sold it before a year had passed, then repurchased it on the same day, does Khums apply to it?
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1 Answer
Peace be upon you and God's mercy and blessings.
Ayatollah Khamenei (may God protect him):
Khums is not required on money received through gifts, donations, or similar means. Therefore, you are not obligated to pay Khums on the money you mentioned.
As for the method you described regarding buying and selling gold, it is not sufficient to exempt you from the obligation of Khums—if the purchase of the gold was made from money you earned—because it appears to be merely a nominal transaction. Additionally, the profit remains with you, whether in cash or gold, unless it is considered part of your necessary expenses.
Source: Fiqh al-Wali - Khums Laws - Avoiding Khums + Educational Message - Khums - Khums on Profit (2) - Relevant to His Status
Ayatollah Sistani (may God protect him):
If a person has not accounted for themselves for several years during which they earned and benefited financially, and they purchased items and furnished homes, then later realized their obligation to pay Khums on these profits, they must pay Khums on everything they bought or built or planted that is not considered part of their necessary expenses. This includes a house that is not used as a residence, furniture that is not needed, as well as orchards, animals, cars, and so on.
However, items considered necessary expenses, such as a residence, bedding, and necessary utensils, do not require Khums if they were purchased from profits earned in the same year they were used. If they were bought from profits of the previous year—meaning they did not earn enough in the year of purchase and use, or their earnings did not exceed their daily expenses—they must pay Khums on them. If they bought from profits of both years, and their earnings in the year of purchase exceeded their daily expenses but the excess was less than the purchase price, they must pay Khums on the difference. For example, if they furnished their residence for 1,000 dinars and their profit in the year of furnishing exceeded their daily expenses by 200 dinars, they must pay Khums on 800 dinars.
Similarly, if they bought furniture for 100 dinars and used it for necessary expenses while earning 10 dinars more than their daily expenses that year, they must pay Khums on 90 dinars. If they are unsure whether the items they purchased and used for necessary expenses equal their profits for the year of use, are less than that, or if they did not earn more than their daily expenses that year, it is obligatory to reconcile with the religious authority based on the probability. If they know they did not earn enough in some years to cover their expenses and spent from previous profits, they must pay Khums on the expenses they covered from previous profits.
Since the matter and the method of calculation are not easy, we advise you to consult a trusted religious scholar in your area to explain what you have received and what you have spent, and they will assist you in determining your obligations.
As for the method you mentioned regarding buying and selling gold, it is not sufficient to exempt you from the obligation of Khums, as it appears to be merely a nominal transaction, and the profit remains with you, whether in cash or gold, unless it is part of your necessary expenses.
Source: Minhaj al-Salihin - Vol 1 - Categories of Increased Value - M1217 + 1445
May you be successful in all good.