مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٣٨٤ - KHUMS

property which is seized fromthe unbelievers by waging war against them, during the occultation of the Imam, is governed by the rules applicable to ghanimat.

VII. LAND PURCHASED BY A NONBELIEVER ZIMMI FROM A MUSLIM
١٨٣٨. If a zimmi purchases land from a Muslim, the former should pay Khums on it from that land itself or from any other property belonging to him. And if hepurchases a house or a hop etc. hem a Muslim he should even then pay Khums for the land tie. the land covered by the house or the shop). And when this Khums is given it isnot necessary to make an intention of qurbat (i.e. complying with the order of the Almighty Allah). And it is not necessary even for the Religious Head who takes Khums fromthe zimmi, to make an intention of qurbat.
١٨٣٩. If a zimmi sells a piece of land purchased from one Muslim to another Muslim, he is not absolved from the responsibility of paying Khums but it is notnecessary for the Muslim to pay Khums and the position is the same if he (the zimmi) dies and a Muslim inherits that land from him. And in both the cases supposing that theunbeliever or any other person, prior to him, has not paid Khums, the Muslim should. on the basis of recommended precaution, pay the Khums of that land.
١٨٤٠. If at the time of purchasing land the zimmi imposes a condition that he will not pay Khums or that the payment of Khums will be the responsibility of theseller, the condition imposed by him is not valid, and he should`pay Khums How ever, if he lays down the condition that the seller should pay Khums on his behalf to thoseentitled to it, it is necessary for the seller to act according to this condition.
١٨٤١. If a Muslim gives land to a zimmi without a sale/purchase transaction and takes recompense from him e.g. when he makes