1400. If the eldest son knows his father had qaÃÁ prayers, but doubts whether he had offered them or not, obligatory precaution dictates that he should offer their qaÃÁ.
1401. If it is unknown which son is the eldest, the qaÃÁ prayers is not obligatory on either of the sons. However, recommended precaution dictates that they should offer it as a kifÁ’Ðyy obligation, or divide them amongst themselves, or cast a lot.
1402. If a deceased person has made a will that a person should be hired to offer his qaÃÁ prayers, the eldest son will be relieved from his duty after the person hired has offered them correctly.
1403. If the eldest intends to offer the qaÃÁ prayers of his mother or father, he should act in accordance to his own duty. For example, he should offer the qaÃÁ of his mother for fajr, maghrib and ishÁ aloud.
1404. If a person has qaÃÁ prayers, and intends to discharge the qaÃÁ prayers of his father and mother, he may offer any of them first.
1405. If the eldest son is not bÁligh or is insane at the time of his father’s death, he should offer the qaÃÁ of his father’s prayers after becoming bÁligh or sane.
1406. If the eldest son dies prior to discharging the qaÃÁ prayers of the father, nothing is obligatory on the second son.
1831. If wealth that is gained in accordance with sharia’ becomes amalgamated with wealth that is illegally gained in a manner that one is unable to discern between the two, and neither the owner of the illegally gained wealth, nor its amount is known, then should a person not know whether the illegally gained amount is greater or lesser than khums, he should pay khums on the entire amount. Based on obligatory precaution, this khums is to be utilized in a place which suites both khums and Òadaqah, while intending fulfilment of his duty (an intention which includes both paying khums and Òadaqah. After the khums has been paid, the remaining wealth shall be deemed legal (Halal).
1832. If wealth that is legally gained becomes amalgamated with wealth that is illegally gained, and a person knows the amount that was acquired illegally but is unable to determine its owner after investigating, he should give the amount that was illegally acquired as Òadaqah on behalf of its owner. Obligatory precaution dictates that he should also obtain permission from the ÎÁkim al-shar’.
1833. If wealth that is legally gained becomes amalgamated with wealth that is illegally gained, and a person is unable to determine the amount that was acquired illegally but knows its owner; should the amalgamation become a cause for (abstract) partnership—for example if oil acquired legally becomes amalgamated with oil that is acquired illegally—and they come to an agreement, the amount they agree upon shall therefrom be specified. However, if they are unable to come to an agreement, he should give him the amount that he is certain that it belongs to him.
If the amalgamation does not become the cause for (abstract) partnership—such as cases where the parts of the wealth are distinct from each other— in respect to quantity he should give him the amount that he is certain belongs to him. As for the specific properties of the items that are given, it should be determined by drawing lots. In both cases, the recommended precaution is that he should give him more than the probable amount.
1834. If a person pays the khums of legally acquired wealth that is amalgamated with illegally acquired wealth, and later realizes that the illegally acquired wealth was more than the khums, then should the difference be specifically known, he should give that amount as Òadaqah on behalf of the owner. Obligatory precaution dictates that he should seek the permission of the Îákim al-shar‘ prior to doing so. However, if the amount of difference is not specifically known, then after paying the first, he should act according to the instruction in article 1831 with respect to the remaining amount.
1835. If a person pays khums of legally acquired wealth that is amalgamated with illegally acquired wealth, or gives the wealth of an unidentifiable person as Òadaqah on his behalf, then should he later locate the owner of the welath, he will not be liable to pay anythign to him.
1836. If wealth that is legally acquired becomes amalgamated with wealth that is illegally acquired, and the amount of the illegally acquired wealth is known, and a person is certain that the owner is one from a group of specified people, but is unable to determine which of them in particular; obligatory precaution dictates that should he be able, he should satisfy all of them. However, if this is not possible, he should determine the owner by means of a ballot.
1837. If a person acquires a precious stone, such as a pearl or coral or similar precious stones by means of diving underwater, then regardless of whether it is mineral or organic, it will be liable to khums if its value exceeds eighteen nukhÙd of minted gold. The expenditure for obtaining it should be deducted prior to determining the khums. The stones will be liable to khums regardless of whether they are extracted from a single dive or multiple dives in a manner that it is considered as one diving expedition in the common sense. It will also make no difference if the stones are of a single type or multiple types, and if one diver or—based on obligatory precaution—multiple divers have obtained it.
جواهری که به اسبابى بيرون آورد يا از روى آب يا كنار آن بگيرد
مسأله 1838 ـ اگر بدون فرو رفتن در دريا به وسيله اسبابى جواهر بيرون آورد ، بنابر احتياط بر طبق آنچه كه در مسأله قبل گذشت ، خمس آن واجب است ، ولى اگر از روى آب دريا يا از كنار دريا جواهر بگيرد ، در صورتى بايد خمس آن را بدهد كه آنچه را به دست آورده به تنهايى يا با منفعتهاى ديگر كسب او ، از مخارج سالش زيادتر باشد.
1839. A person will be liable to pay khums on the fish, or other sea creatures that he draws out from the sea, only if the profit acquired from the fish and sea creatures alone, or the profit acquired from them combined with the profit acquired from other trade exceed his yearly expenditure.
1840. If a person dives into the sea without intending to draw something out of it, and incidentally finds a precious stone, he will be liable to pay its khums if he intends to own it. Based on obligatory precaution, the same will apply to the cases other than this.
1841. If a person dives into the sea and draws out a sea creature which happens to store a precious stone in its stomach, and its value is eighteen minted gold, then should that creature be like an oyster, which usually contains a pearl in its shell, he will be liable to pay its khums. However, if that creature incidentally swallowed the precious stone, he will be liable for khums only if the profit acquired from it alone, or the profit acquired from it combined with other trade exceed his yearly expenditure.
1842. If a person dives into a large river, and draws out a precious stone, he will be liable to pay its khums if that river is known to produce precious stones.
1843. If a person dives under water and draws out an amount of ambergris, whose value is greater than or equal to eighteen nukhÙd of minted gold, he will be liable to pay its khums. However, if he finds it on the surface of the sea, or beside the sea, the precaution is that he pays its khums even if its value does not amount to eighteen nukhÙd of minted gold.
1844. If a person’s profession is to dive under water to draw out treasure or minerals, then should he pay the khums of what he draws out, and some of the acquired profit exceed his yearly expenditure, it will not be necessary for him to pay its khums again.
1845. If a child extracts minerals from a mine, or owns property that has been amalgamated with illegally acquired property, or finds a treasure trove, or draws out precious stones from the sea by means of diving underwater, his guardian will be liable to pay its khums. In the event his guardian fails to pay its khums, he will be liable to pay it once he has become bÁligh.
1846. If Muslims wage a war against the disbelievers with permission from the Imam (Peace be upon him), and they acquire some things (belonging to the enemy), this property is referred to as the spoils of war (the booty or ghanimah). As to movable items, after seperating the expenses incurred for the protection and transportation of them, the amount the Imam spends according to his discretion, and the things from it that exclusively belong to the Imam (Peace be upon him), khums should be paid on the remaining property. If the Muslims fight a war without the permission of the Imam(Peace be upon him) while he is present, and acquire spoils of war, the entire spoils shall thereof be the property of the Imam. However, if the Imam(Peace be upon him) is in occultation, the precaution is that they pay its khums after deducting the expenses
1847. If a dhimmÐ purchases land from a Muslim, he will be liable to pay khums from the land itself, or from other wealth that he possesses, as elaborated in article 1806, regardless of whether the land is occupied with buildings or other structures such as a house or a commercial establishment. The same will apply if the subject of a transaction is a house, a commercial establishment or the like. It is not necessary for the dhimmÐ to pay the khums with the intention of attaining proximity. In fact, it is not necessary for the ÎÁkim al-shar’, who receives the khums from him to do so with the intention of attaining proximity to Allah.
1848. If a dhimmÐ purchases land from a Muslim and then sells it to another Muslim, he will not be exempt from the liability of khums. The same applies if the dhimmÐ dies and a Muslim inherits the land from him.
1849. If at the time of purchase, a dhimmÐ stipulates that he will not pay the khums (of the land he intends to purchase), or that the seller shall be liable to pay its khums, his condition will be invalid, and the dhimmÐ himself will be liable to pay its khums. However, if he stipulates a condition saying that the seller should pay the khums of the land on his behalf, it will be obligatory on the seller to fulfill the condition. However, as long as the seller has not paid its khums, the dhimmÐ will not be relieved of the obligation.
1850. If a Muslim makes a dhimmÐ the owner of a land by means of other than buying and selling, and obtains something in exchange for it, such as reaching a compromise settlement with him, the dhimmÐ should pay its khums.
1851. If the dhimmÐ is a minor, and his guardian purchases land on his behalf, it will be liable to khums.
1852. Khums should be divided into two halves. One part should be reserved for sayyids, and should be given to the guardian of an indigent orphaned sayyid so that he may use it to pay for his expenses, or it should be given to an indigent sayyid, or a sayyid traveller who has become indigent. The obligatory precaution is that one should give the portion alloted for sayyids to them with he permission of a just mujtahid. The second part belongs to the Imam(Peace be upon him), which during the occultation age should be given to a just mujtahid who is aware of how it should be utilized, or be utilized in a cause that is authorized by the just mujtahid. Obligatory precaution dictates that the just mujtahid should be the most learned.
1853. An orphaned sayyid to whom khums is given should be indigent. However, one may give khums to a sayyid who has become needy while on a journey even if he is not considered indigent in his hometown.
