Grand Ayatollah Shirazi: Religious Authority Has No Right to Collect Khums from Those Who Do Not Believe in It
Another scholarly session led by Grand Ayatollah Sayyid Sadiq Hosseini Shirazi was held on the evening of Sunday, the 8th of holy Ramadan. During this session, similar to previous ones, the Supreme Marja answered attendees’ questions regarding various jurisprudential issues.
Regarding the ruling on collecting khums from non-believers, the general public, and those who do not believe in khums, Grand Ayatollah Shirazi stated that the religious authority has no right to collect khums from those who do not believe in it, including Sunni Muslims.
He further emphasized that the Holy Prophet and Amir al-Mo’mineen (peace be upon them both) did not collect khums from any opponents or non-believers during their rule.
On the matter of inheritance for wives, he explained that there is a specific reason regarding the inheritance of a wife: she does not inherit from the property and land where they lived, which belonged to the husband. However, in other cases, she inherits from all other properties, including buildings and other lands. For instance, if the husband owns multiple houses, and he and his family reside in one of them while renting out the others, the wife will inherit from the buildings and lands of the other houses.
His Eminence also emphasized that the wife does not inherit from the house they lived in but only from its value.
Regarding the inheritance of agricultural land, he stated that if the husband owned farmland or a garden where they lived together, the wife would not inherit from the land itself but only from the value of the trees. However, if the husband had agricultural land or a garden used for business and trading, she would inherit from all of it.
Grand Ayatollah Shirazi continued, stating that if there is doubt regarding an increase or decrease in a specification, the certain amount limits the general rules, which say that a wife, like other heirs, inherits from everything except for one type of land: the land where a house was built and where they lived, or a garden where they resided. However, if there are other lands used for buying and selling, she inherits from all of them.
He also discussed the concept of “ma’unah” in relation to khums, mentioning a narration from Imam Javad (peace be upon him) stating, “Khums is after expenses,” meaning that expenses are not subject to khums.
He explained that the apparent meaning of “ma’unah” is what is consumed, and another narration mentions it should be “in every year,” meaning it must pertain to the expenses of that year.
Grand Ayatollah Shirazi noted that while the Sharia mentions “ma’unah,” it does not define it, so to understand its meaning, one must refer to common understanding and see what people consider as “ma’unah.” Although, in appearance, “ma’unah” means something that is consumed.
He emphasized that there are two conditions: first, it must be “ma’unah,” and second, it must pertain to that year. Thus, if someone purchases rice for their family’s expenses for two years, what is considered “ma’unah” and consumed this year does not include khums. However, what is for next year’s expenses, purchased from this year’s funds, does not pertain to this year and is subject to khums.
Regarding khums related to dowries, he stated that since it is not mentioned in the evidence, we must determine what qualifies as an expense for that year. For example, if someone buys items for their daughter’s dowry from this year’s expenses, which will be used whenever she marries, and it is unclear when her marriage will occur, these items must be considered this year’s “ma’unah.” Under these two conditions, if it is recognized as this year’s “ma’unah,” khums does not apply.
Grand Ayatollah Shirazi further explained that if someone wants to prepare a dowry for their daughter but cannot purchase everything at once, and if it is customary to buy gradually, this is acceptable. However, in some countries, such as Iraq, it is not customary. With these two conditions, it is permissible. But if a wealthy person can buy the dowry all at once and chooses to do so gradually, this ruling does not apply to them.
He also emphasized that if someone sets aside money to buy a dowry for their daughter whenever she wants to marry, this money does not count as “ma’unah,” as “ma’unah” refers to what is consumed, while money itself is not considered consumption or “ma’unah.”
He concluded by stating that the status of individuals also matters in determining “ma’unah.” If annual expenses exceed one’s status, they fall under the general khums rules, and exceptions that qualify as “ma’unah” do not apply. For example, if a person’s status is to own a house worth one billion tomans, but due to profits from certain transactions, they live in a house worth ten billion tomans, the evidence of khums states: “in everything that benefits people, whether little or much.” This rule applies to them, but “ma’unah” does not, as it exceeds their status.
Grand Ayatollah Shirazi reiterated that those who cannot afford to prepare a dowry all at once may do so gradually, provided they purchase the items rather than just setting aside money for future purchases.
