PAYMENT OF KHUMS -FATWA FOR KHUMS GIVER TO INSIST ON MARJAS RECIEPT  (Arabic scan copy)

Source http://www.imam-us.org/Services/KhumsFatwa/tabid/314/Default.aspx

In The Name of The Almighty

The Honorable Scholar Sayyid Murtaza Al-Kashmiri, may his achievements continue,

Assalamu alaikum warahmatullah Wabarakatoh

I ask Allah The Most High, The Omnipotent to always guide & support you.

In response to inquiries from Momineen, we emphasize once again that paying Islamic dues to whoever holds an authorization (Ijaza) is not sufficient. A demand for a receipt issured by us must be made [to the person receiving the Islamic dues]. Bearing in mind that discrepancies in adhering to the Ijaza may occur either through forgetfulness, error or similar situations. A clear conscience by the payer (of Islamic dues) cannot be attained unless a receipt is obtained as above.

I ask Allah The Blessed The Most High to grant everyone that which is good and beneficial.

Wassalamu alikum warahmatullah Wabarakatoh

Seal and signature of Ali Al-Hussaini as-Seestani  3 Ramadhan 1425

Some Q&A on this from    www.Imam-us.org

1) Does the reciept have to be signed by Ayatollah himself or is anyone else authorized to sign?

A.yes, him or any of his Liaison officers.

2) Can the recpt be from London , Qom ,Syria or USA office besides iraq & WHO/Which office is authorised to issue & what does the signature look like. 

A.There are several offices please let us know the office you want to get involved with and we will let you know whether it is authorized or not.

3) Do we have to insist on original or a copy recd b y fax is ok to accept ?

A.As long as the payer knows that the reciept was issued by him or any of his authorized offices then it shouldn't be a problem.

4) We cannot read arabic ijazas so can we give khums to person who is known to be representative in the city OR should we insist on seeing the copy of the ijaza .Very often we cannot get a copy to get it read by others . What is our responsibility in this case?

A.Yes you have to see the IJAZA and if it was in Arabic or Persian, then a translation of the language of the community must be made available, so that the people can pracctice their finacial religious rights and responsibility towards paying their dues properly, and if the taker does not provide or refuses to do such then S. Sistani or one of his offices must be informed.

5)In case we hand over the amount , within how much time we are expected to recieve the reciept & what if this is not recd ?Is our responsibility complete?

A.Your responsibility is incomplete as per clear Agha's words in the attachment, that the payer is not relieved from his responsibility until he gets the receipt.

6)Is an authorised representative of Ayatullah Sistani(h)  permitted to allow differment of Khums payment ,even if the payer has the ability to pay ie for some reasons of better disbursement or convienience etc ? 

Also it takes some time to calculate the excat khums amt , but broad figs afre known on khums date . Can one take tim e of say 1 - 2 months to calculate khums & pay only thereafter ?

A. (Answer awaited)

Arabic pdf

QUESTIONS & ANSWERS on Vakil (Representative) & Khums payment/ usage
 

585. Question: What is the limit that you have allowed your agents and representatives (wukală’) to utilize for their personal use from the religious dues that they collect [from the people]?

Answer: In our ijăzas (authorizations for apportioning the religious dues), we have mentioned that the authorized person is allowed to utilize, for example, one-third or half of whatever he collects of religious dues for the purposes that have been defined by the shari‘a. This does not mean that the percentage mentioned [in the ijăza] is especially for the use of the authorized person himself, because it could happen at times that the use of that due would not apply to him at all — for example, if he is a sayyid while the religious dues that he has collected are from the charity of non-sayyid or other charities like it.

In the light of this, if the authorized person considers himself —in keeping with Allăh as the witness in this matter— eligible for the religious dues in accordance with the conditions mentioned in the Manual of Islamic Laws —for example, if he is needy in the religious definition and is among those who deserve the right of zakăt or sihm-e sădăt or radd madhălim etc— he is allowed to take from it according to his need and proportionate to his status and not more than that.

Similarly, if he is providing general religious services and strives for upholding the word of Islam, he deserves the sihm-e Imăm (a.s.) according to the level of his work and the service that he does for Islam.

But, if he is not spending the religious due that he has collected, he must utilize the percentage mentioned [in the ijăza] in its appropriate causes as defined by the shari‘a.

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 ijăza, 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‘.

587. Question: Is it permissible to use the sihm-e Imăm (a.s.) without seeking the permission of the marja‘ if a person can ascertain the need of any kind for its use with which the Imam (a.s.) would be pleased?

Answer: It is not permissible; and one cannot attain the approval of the Imam (a.s.) by using his portion of the khums without seeking the permission of the most learned marja‘ —in that it is possible that the marja‘’s permission is part of the approval of the Imam (a.s.).

588. Question: Is it permissible to use the sihm-e Imam (a.s.) in charitable projects while there are tens of thousands of believers who are in need of bread, cloths, etc.?

Answer: In using the sihm-e Imam (a.s.), it is important to consider the principle of priorities. It is a matter of obligatory precaution, the determination of “most important vis-ŕ-vis the more important” should be left to the discretion of the most learned jurist who is well informed about the general situation.
 

Guidance of Ayatullah Al Udhama Ali Hussein Seestani on Khums Usage :

“It is highly recommended that these (khums) funds & spent with the clear intention that it is on behalf of the Imam (AS). It is incumbent to maintain priority of importance – the more important ones to be addressed first. In these times, the most important &a in which Sehme Imam (AS) can be spent is to establish the correct practice of religion, propagate the divine message, spread the teachings of our religion & to provide & cover for the costs of the learned people who spend their time in learning. They have dedicated their lives to teaching the ignorant, guiding the misled, advising the Believers, counseling the aggrieved & many more such activities that contribute to the promotion of their faith & perfection of their own selves allowing them to gain proximity to the Almighty.”

Minhajus Swaliheen
Page 411 Rule No. 1265

Payment of Sehme Sadaat

Payment of Sehme Sadaat :There are conditions for a person to be able to recieve Sehme Sadaat eg ensuring Sayyed /poor etc. Hence it is better to pay this amount too to the Representative of your Marja, so that the responsibility is not on you for this wajib disbursement.Additionally there appears to be no benefit ( or extra sawab/reward ) of disbursing this by oneself