The Khums on Replaced Property and Gifts

Question

A question regarding the obligation of Khums on new items purchased to replace old ones, and whether it differs if the new item is a gift.

Answer 1

Peace be upon you.

Ayatollah Sistani (may Allah protect him):

- The old phone does not require Khums unless it is disposed of in the same Khums year in which it was purchased; in that case, Khums is obligatory as a precaution.

- As for the new phone, if it is necessary for your needs and status, then Khums is not required. However, if it is beyond your needs, Khums is due at the end of the Khums year, regardless of whether it was a gift or not. The fact that it replaces an old phone does not matter.

Source: Minhaj al-Salihin, Vol. 1, Book of Khums, Article 1223 + Official website + Minhaj al-Salihin, Vol. 1, What exceeds the annual expenses from profits and other benefits.

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Ayatollah Khamenei (may Allah protect him):

- Khums is not required on the old phone.

- As for the new phone, if it is a gift, Khums is not required. Similarly, if it was purchased from new profits and is necessary for your needs and status, Khums is not required. However, if it is neither a gift nor necessary, and is beyond your needs, Khums is due at the end of the Khums year. The fact that it replaces an old phone does not matter.

Source:

Special Inquiry + Answers to Inquiries, Khums, Gifts - Monetary Awards - Dowry - Inheritance, Q 853 + 859 + Educational Message - Khums - Khums on Profit (2) - 7. Sale of Expenses and Profit from Value Increase

May you be successful in all good.