A person took a loan to buy a house and has also saved money for Hajj. They are asking if they need to pay Khums on these amounts.
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
Generally, if the loan was for necessary expenses like buying a house, it is permissible to pay it off from profits, even from future profits, and it is not subject to Khums. However, excluding it from the profits of the year it was spent is only permissible if the spending occurred after receiving the first profit. If you received profits and want to exclude the debt from those profits without paying it off, it is allowed only if the debt was incurred after your first profit. If the debt was incurred before the profit appeared, it is advisable not to exclude it. If the debt is for expenses from previous years, you cannot exclude it unless you have actually paid it off, and you must pay Khums on all your profits even if you are in debt. As for the installments your son paid on your behalf, there is no obligation on you regarding that. However, regarding the five thousand dollars he wants to give you, he must first pay Khums on it before giving it to you. Additionally, the amount you saved for Hajj is also subject to Khums.
Source: Answers to Questions, Khums, Loans, Salaries, Insurance and Retirement, M 865 + 869 + 878
Ayatollah Sistani (may Allah protect him):
Generally, if the loan was for necessary expenses like buying a house, it is permissible to pay it off from profits, even from future profits, and it is not subject to Khums. Even if he does not pay off the debt, he can exclude it from future profits as long as it was spent on necessary expenses as mentioned. As for the money saved for Hajj, it is subject to Khums. Regarding the installments your son paid on your behalf, there is no obligation on you for that. However, he cannot give you the five thousand dollars without first paying Khums on it.
Source: Selected Issues, Khums, M 603 + 610 + Official site: 1, 2, 3.
May you be successful in all good.