Khums: Lent Money Before Khums Year for Investment — Is Khums Due Now?

Practical Laws of Islam as per the teachings of Imam Khamenei

Khums: Lent Money Before Khums Year for Investment — Is Khums Due Now?

English:

Question #890:

Before the beginning of my khums year, I lent someone some money, and the said person intended to invest that money and distribute its profits equally between us. This money is not at my disposal at the present and I have not paid its khums, what is your opinion in this regard?

Answer #890:

If you lent the money and you cannot receive it before the end of your khums year, you are not presently liable to pay its khums, rather you should pay it at the time you receive it. But in this case, you have no right to receive any amount of the profit made by the borrower’s business, and if you demand anything from him, it is counted as ribā which is prohibited. But if you had given him the money for muḍārabah purposes (silent partnership), then you would have a share in the profits according to the agreement and you should pay khums on the entire amount which is, in this assumption, counted as a capital, unless after paying its khums you are unable, using the remaining amount, to provide for your life requirements according to your social status and station as recognised by common view.

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