You are are temporary custodian of ALL Wealth . HE is the real owner who has endowed you with its temporary custody to test you for its proper use
It is WAJIB ( obligatory) & not the ‘mustahab’ (recommended) sadaqa/ charity as sometimes perceived
It is the Right of Imam /Sadaat & has to be given fully in time . We may condemn those who usurped the Right ( fadak) of Sy Zehra(sa) but must examine ourselves whether we too hold on to her right in the form of Khums
The implication of not giving Khums and/or not giving correctly is very severe . Use of the money on which khums has not been paid to buy House , clothes ,food can result in the Invalidity/Non Acceptance of other acts of worship like Salat /Fasting & other deeds incl Charity done !
It must therefore be carefully calculated to ensure amount is not less than due.
So Ehtiyat on higher side may be used in calculation .However when giving the money out one should intend that I am giving it to fulfil the khums and if there are any extras Im giving them for that ehtiyat not that they are wajib .
One must ensure only legitimate expenses are deducted from savings .khums paid /Investments made /Loans given not returned in time etc are not to be reduced
It falls due ON the date of expiry of the ‘Year’ & cannot be delayed even for a DAY !
Though permission can be obtained from Marjas rep to delay, it is not advisable to delay ,as it means depriving the poor /other causes of help needed soon
Just taking out khums amount out of the bank or putting it aside doesnt mean that you can use the rest of the profits that you have earned for that yr.I.e. you may only use the rest of the money AFTER giving the khums to the representative of the marja or else RECEIVE the money on his behalf after his permission
This is especially the case if there is no difficulty in arranging funds to disburse.
The Pretext of ‘proper’ distribution may not be a valid reason . Payment of ‘estimated amounts’ for khums on the already earned profit/saving for the the year itself may also be made in advance of date during same year
Khums is NOT your money, It belongs to Imam /Sadaat
The BEST & Easiest method is to hand over full amount to the Representative on or before the date due & insist on a reciept signed by an Authorised office of YOUR ( not any) Marja (see attached)
For sehme Imam it is ihtiyat wajib (obligutary precaution)to give it to Marja & for sahme sadat It is 'ihtiyat mustahab' to give to the marja
This absolves you of your obligation irrespective of how the amount is used . In addition it is also not permissible to speak ill about the representatives collecting the amount See code of practice book extract below.
Self disbursement ‘after’ obtaining permission from Marja/ rep is possible BUT has foll 5 issues a-e :-
a) There are strict conditions for Qualifying as Recipient both for Sehme Sadaat http://www.islamic-laws.com/matters/Khumsnotes.htm#SEHME SADAT ( see below) & Sehme Imam as well
b) It requires an ‘assessment’ with others (maybe some trusted friends) about the genuineness of the case/request ( both for Tabligh & Welfare) ,perceived benefit /priority to community .This can never be 100% correct , some portion disbursed may not reach recipient or get wasted /used for other purpose etc
c) Minhaj says “ It is highly recommended that these (khums) funds & spent with the clear intention that it is on behalf of the Imam . In most cases the recipient of the amount is grateful & profusely thanks the giver ,though technically he is only disbursing amounts belonging to Imam atfs..This has a high chance of affecting the heart /pride /sense of doing charity . In addition it is possible to have mixed intentions & consider oneself as a donor instead .
d) If everybody paid his own dues as perceived by himself & trusted his judgment , the Central Marja Authority would get less/no funds for world priority matters . The Marja clearly mentions that He is ‘well informed’ of priorities & its ehtiyat wajib to leave it to his discretion see below QA
e) One has to verify the document by which ‘Authority’ is delegated to the Rep if he is the one who permits self disbursement ( ie does he have authority to permit delay , authorize others for self disbursement )
Remember Khums is only ONE part of the Rights of others on your wealth .Its a small portion (20% of savings after u spend – not wealth) and must NOT be considered as completing your obligation .Ther eis a danger it can result in no further ‘Charity ‘ beyond disbursing this amount belonging to Imam . It is charity & sadaqah & donations in HIS way,beyond this obligation that HE promises to multiply by 700 in the Quran
Verifed by Shaikh M Najaf
More here http://www.islamic-laws.com/khums.htm
586. Question: If a person has doubts about the integrity of a representative of the marja‘ as a result of alleged misappropriation of religious dues;
(a)Is he allowed to talk about it to other people, even if he is not certain about the truth of the allegations levelled against the representative? What if he is certain about them?
(b)Is he allowed to still pay his religious dues to that representative as long as he is uncertain about his not being trustworthy?
Answer: (a) It is not permissible for him [to talk to the others about it] in both situations. In the second case [of certainty], he can inform the marja‘ directly in complete confidence about the real situation so that the marja‘may take whatever action he deems appropriate.
(b) He should rather pay his religious dues to a representative who is known for his integrity and honesty in acting according to his ijãza, i.e. in using some portion of what he has collected of it in their appropriate causes as mentioned earlier and sending the rest to the marja‘.