Avenues for Spending Khums

As we pointed out in the introduction of this book, khums is divided into two equal portions, Sahm al-Imam (the portion of the Imam [p]), and Sahm al-Sadah (the portion of the sayyids) for those lineally descended from Hashim ibn Abd al-Muttalib al-Qurashi. Each has its own conditions and regulations.

Spending Sahm al-Imam

• This portion is spent on any avenue by which the pleasure of the Imam (p) is clearly secured, such as promoting the religion, supporting Islamic seminaries (hawzah), scholars, publishing virtuous content, and meeting the critical needs of believers, excluding those whom the mukallaf is religiously obligated to support, such as parents, children, and wife, based on obligatory precaution. For it is the duty of the father to spend on his children, the duty of the child to spend on their parents, and the duty of the husband to spend on his wife.
• During the period of occultation (ghaybah), it is obligatory upon the mukallaf to deliver Sahm al-Imam (p) to his deputy, who is the fully qualified jurist (al-faqih al-jami’ li-l-shara’it), meaning the just, expert jurist who is aware of public affairs that bring benefit to Islam and Muslims. Alternatively, they must obtain explicit permission from him to spend it directly on its contextually prescribed religious avenues by which the pleasure of the Imam (p) is clearly secured.

Spending Sahm al-Sayyids

• This portion is spent exclusively on the needy sayyids from Banu Hashim who do not possess their annual living provisions for themselves and their dependents.
• It is permissible for the mukallaf to deliver Sahm al-Sadah directly to their poor if their lineage and poverty are fully verified and established to them. However, it is a recommended precaution (al-ahwat istihbaban) to deliver it to the jurist as well.
• A Hashimi sayyid (whether male or female) is defined as anyone lineally descended through their father from Hashim, the grandfather of the Noble Prophet (pbuh&hp). Lineage is verified through personal certainty based on clear evidence (bayyinah) or widespread local recognition (shiya’) in their city and similar means.
• It is permissible to give Sahm al-Sadah to relatives and poor sayyid kinsfolk, excluding those whom the mukallaf is religiously obligated to support, such as parents, children, or a wife, based on obligatory precaution. For it is the duty of the father to spend on his children, the duty of the child to spend on his parents, and the duty of the husband to spend on his wife, excluding non-obligatory expenditures like debts, for example. Thus, for instance, it is permissible for a child to pay a debt outstanding upon their father from khums, but not with the intention of paying off the debt; rather, from the perspective of the father’s eligibility as a poor person or under the designation of meeting the critical needs of believers, and after consulting the religious authority or his representative.
• It is stipulated that the Hashimi sayyid must be poor, meaning they do not possess what is needed for their annual living provisions, and that they must be an Ithna ‘Ashari believer, must not spend the khums on sin, and must not be someone who has abandoned prayers, a consumer of intoxicants, or publicly flagrant in vice, nor if the allocation aids them in sin or acts as an enticement to evil.

Important Legal Queries

• Question: Does His Eminence the marja permit granting an authorization to distribute Sahm al-Imam (p) directly to the poor because they are relatives or neighbors?

Answer: You must consult the authorized representative in your region who holds written credentials and has permission from His Eminence Sayyid al-Sistani to obtain the aforementioned explicit permission.

• Question: Do needy sayyids have a right to Sahm al-Imam (p), or is there a prioritization for general poor believers to receive this portion?

Answer: There is no prioritization for general poor believers in this; rather, it is permissible to pay the portion of the Imam (p) to sayyids as well, provided the criteria of eligibility apply to them, which is devoutness alongside critical need.

• Question: Is it permissible to spend the portion of the Imam (p) on charitable projects while there are tens of thousands of believers in need of a morsel of bread or a piece of clothing to cover themselves and the like?

Answer: In spending Sahm al-Imam (p), the principle of ‘the most critical priority first’ among its avenues must be strictly observed, and evaluating this is exclusively the prerogative of the most learned jurist who is aware of public affairs, based on obligatory precaution.

• Question: Is it permissible to spend Sahm al-Imam (p) to build a mosque or a Hussainiyah, or to establish any humane project?

Answer: It is necessary to obtain explicit permission from the marja or his authorized representative.

• Question: Is it permissible to give Sahm al-Imam (p) to a youth who wants to marry but does not possess money for the dowry?

Answer: This may be among its valid avenues of spending, specifically if he is compelled to marry and is unable to provide its expenditures such that he has become in critical need. In any case, explicit permission must be obtained from the marja.

• Question: Is poverty a prerequisite for a scholar of religion to receive Sahm al-Imam (p)?

Answer: It is not a prerequisite; rather, it is granted in a manner that corresponds to what they provide in service to the shari’a, while considering their status and standing.

• Question: Is it permissible to stipulate that an eligible recipient, such as a poor sayyid, for example, must return a portion of Sahm al-Sadah to the giver upon receiving it?

Answer: This is not permissible. What is given to the poor sayyid is granted purely on account of their poverty and need. Similarly, if a needy person receives khums and wishes to give it away of their own free will, the expenditure must be appropriate to their status.

• Question: Is it permissible to spend Sahm al-Imam (p) on repairing mosques and establishing gatherings for the Ahl al-Bayt (pbut) if it is possible to secure other resources from donations and other similar funds?

Answer: Under the assumption that other donations are available, His Eminence Sayyid al-Sistani does not permit that.

• Question: Is it permissible to exchange the portion of the Imam (p) for the portion of the sayyids due to critical need?

Answer: If you possess Sahm al-Imam (p) and another person possesses Sahm al-Sadah, it is permissible for both of you to mutually exchange them to ensure each delivers what they have to its proper entitled recipient.

• Question: A person owes an amount of khums and holds a debt outstanding upon another person; is it permissible for the former to count that debt against their khums obligation if the debtor is independently eligible to receive khums?

Answer: If the second person is eligible to receive Sahm al-Sadah, there is no objection to offsetting the debt owed by them against this share, based on the latter’s entitlement, but only after obtaining explicit permission from the religious authority. Outside of this scenario, it cannot be counted against the khums. Yes, if the second person—regardless of being a debtor to the one who owes khums, is eligible to receive a portion of Sahm al-Imam (p), then it may be given to them, and once they take possession of it, it is permissible for them to use it to repay their debt.

• Question: If a wife is wealthy and her husband is poor, is it permissible for her to give him from her religious dues, such as khums, for instance, if it is applicable to him, so that he may spend it on all members of his family, including the aforementioned wife and her children (who are his children), or to spend it on his private expenditures only?

Answer: She may give him from Sahm al-Sadah if he is a Hashimi sayyid, even if she knows he will spend it on her or her children. As for Sahm al-Imam (p), explicit permission must be obtained from the religious authority, provided the husband has an eligible critical need and is a devout believer.

• Question: Is it permissible to give Sahm al-Sadah to a poor sayyid for the purpose of performing Hajj?

Answer: This is not permissible.