Shafaqna India: Questions on Muslims issues in the West and answers from the Grand Ayatollah Sistani based on the text of the book “A Code of Practice For Muslims in the West” by ‘Abdul Hadi As-Seyyed Muhammad Taqi Al-Hakim.
Question: Some people pray for years and even perform pilgrimage, yet they do not pay Khums. Is it obligatory on them to repeat their prayers and pilgrimage?
Answer: Based on precaution, it is obligatory on them to repeat prayers and pilgrimage, if the particular dress that they used in prayers, in tawaf and in salat of tawaf was from items on which Khums had become due.
However, if only the dress they used in salat of tawaf was from items on which Khums had become due, and they were ignorant (even out of negligence) of the law or the status of the dress, their pilgrimage is valid, but they have to repeat Salaat/Salaah of Tawaf if they had no excuse for their ignorance. [In this case,] they have, as a matter of precaution to return to Mecca [to perform the salat of Tawaf again], if it does not entail great difficulty; otherwise they can perform that salat wherever they are.
Similarly, they will have to do the pilgrimage again if the animal offered as a sacrifice was bought with money on which Khums had become due. However, if they had bought it with money whose unspecific portion was liable for Khums -as is the case normally – there is no problem in their pilgrimage, even if they used it from the money on which Khums had become liable; of course, they will be responsible for that amount [for payment of Khums].
All this is applicable, if they knew about the obligation of Khums and the law forbidding them to utilize items on which khums has become Wajib or if they were ignorant out of negligence. But, if they were ignorant out of innocence, their prayers and pilgrimage are valid.
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Source: sistani.org
