Khums: Gifting Property Bought Without Paying Khums: What’s the Ruling?

Practical Laws of Islam as per the teachings of Imam Khamenei

Khums: Gifting Property Bought Without Paying Khums: What’s the Ruling?

English:

Question #1003:

A person purchased property with money on which khums had not been paid. He then spent a lot of money refurbishing it. Afterwards he gave it as a gift to his son, who had not yet reached the age of ritual maturity. He also registered it officially as his son’s property. It must be noted that the person who gave the gift is still alive. Please advise what would the situation of khums with regard to this issue?

Answer #1003:

If the money used to purchase and refurbish the property was provided by the year’s income, the granting was made in the same year and it was in accordance with his social status as per common view, then there is no khums applicable to it. Otherwise, he should pay its khums.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Khums