Selling a House, Means of Transportation, and Lands | Islamic Laws by The Leader Ayatullah Ali Khamenei
Selling a House, Means of Transportation, and Lands
Q 876: Is khums applicable to a house constructed some time ago with the money from which khums had not been paid? Assuming that its khums is obligatory, does the appropriate khums correspond to its current value or to the value of the money spent on its construction?
A: If the house is constructed from the earnings gained during the year as a residence and after one had lived in it he sold it, the proceeds are not subject to khums. But if it is constructed from the earnings whose khums year had finished, one should pay the khums on the money used for its construction.
Q 877: Recently, I sold my residential apartment and this transaction took place at the end of my khums year. While I see that I am liable to fulfill my religious obligations, I face a problem in the present circumstances. Please enlighten me regarding this matter.
A: If the house was originally purchased with money exempted from khums or money obtained from the earnings of the same year of purchase, selling money is not subject to khums.
Q 878: I own an unfinished house in a town, but I do not need it since I am living in housing provided by the government. I want to sell it to buy a car for personal use. Is its price liable to khums?
A: If the mentioned house was bought or built from the annual income during the year for living purposes and you sold it later during the same year, its proceeds are not subject to khums on the condition that it is spent during this year of selling for living expenses. Similarly the proceeds are not subject to khums if after you had lived in it you sold it in the next year.
Q 879: I had purchased some doors for my house, and as I did not like them I sold them two years later, and I put the money in an aluminum company account for assembling new aluminum doors at the same price to replace those I had sold. Is khums applicable to that money?
A: In the given question, that the doors were not used, the sale price is subject to khums.
Q 880: I paid 100,000 tumans to an institution to acquire housing land in the future. One year has elapsed on that money, part of which is mine and the rest was obtained through a loan, some of which I have paid off. Is khums applicable to this money and to what extent?
A: If the purchase of the land to build the house one needs is not feasible without making deposits in advance, then you are not required to pay khums on the money you have already paid, even if it was from your annual income.
Q 881: If a person sells his house and deposits the money in a bank to get interest, what is the ruling when the khums year ends? And what if this money was saved to purchase a house?
A: Its proceeds are not subject to khums if they build or buy the house with the annual earnings in order to live in it, considering it as part of ones annual expenses and, then, they sell it.
Q 882: Does khums apply to the money saved gradually intending to buy a house or other life necessities?
A: If, according to the financial status of the person, buying their life necessities depends on saving annual earnings and they decide to spend these savings to purchase such things within several days, then such savings are not subject to khums.
Q 883: I bought a car several years ago, and at the present time it might sell for a price several times more than what it was purchased for. As khums was not paid on the money spent to buy it, and I am planning to buy with its proceeds a house to live in, does khums apply to the entire amount once I receive it, or does it apply only to the money that I paid to buy the car while the balance, that is, the difference of the sale value over the original price of the car, is considered as part of the earnings of the year in which the car is sold and as a result is subject to khums if the money is not spent on living expenses by the end of the khums year?
A: If the car was a part of your maunah and purchased out of the annual income during the year for personal use, then there is no khums on its proceeds. But in case the car was bought to be used for work then if you spent your income to buy it or to repay the related installments, you have only to pay khums on the purchase price. Of course, there is caution to make muṣalaHah with Hakim of shar' as far as devaluation of money is concerned.
Q 884: I owned a very modest house, but for some reason I decided to buy another house. Due to debts I was forced to sell the car which I was using and borrow some money from the provincial bank and riba-free loan institution in our city to pay for the house. As the sale of the car occurred before the beginning of my khums year, and I spent the money obtained from its sale to pay off a part of my debts, does khums apply to the money obtained from the sale of the car?
A: With regard to given question, you do not have to pay khums on the proceeds from the sale of the car.
Q 885: When a house, car, or other necessities that a person or his family needs and were purchased from the annual income are sold on account of a necessity or to replace them with items of superior quality, what is the ruling in regard to khums?
A: The proceeds from the sale of maunah are not subject to khums.
Q 886: If a house, car or other necessities bought for personal use — not for the sake of business or making money with the money whose khums was paid are — later sold for some reason, is the increase in the market value subject to khums?
A: In the given case, there is no khums on the profit resulting from the increase in value.