Increase of Debts on Profits at the Time of Khums

Question

A question regarding the accounting for debts exceeding the amount of khums at the end of the five-year period.

Answer 1

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

Grand Ayatollah Sayyid Khamenei (may God protect him):

In general, if the debt was for an expense such as purchasing a house, it is permissible to pay it 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. That is, if you received profits and wanted to exclude the debt from those profits without paying it off, it is permissible only if the debt was incurred after your first profit. If the debt was incurred before the profit appeared, it is obligatory to avoid exclusion. As for debts from previous years' expenses, unless you have actually paid off the debt, you cannot exclude it, and you must pay khums on all your profits even if you are in debt.

Excluding khums does not require permission from the guardian of khums or their representative.

Source: Answers to Inquiries, Khums, Loans, Salaries, Insurance and Retirement, M 865 + 869 + 878

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Grand Ayatollah Sayyid Sistani (may God protect him):

In general, if the debt was for an expense such as purchasing a house, it is permissible to pay it from profits, even from future profits, and it is not subject to khums. Even if the debt is not paid off, it is permissible to exclude it from future profits as long as the debt was incurred for the mentioned expenses.

However, he does not have the right to give you five thousand unless he has paid khums on it first.

Excluding khums does not require permission from the legal authority or their representative.

Source: Selected Issues, Khums, M 603 + 610 + Official Site: 1, 2, 3

May you be successful in all good.