A person has set his yearly khums date for the last 10 days of Shahr ramadan of every year(from many years ago when he began paying khums) and he plans to go to hajj this coming year. He uses his income from this year to pay for his hajj trip as a lawful expense and pays it in full to his hajj group provider in rajab of this year (about 2 months before his khums date). He then pays his khums on his remaining income leftover for the year in shahr ramadan as he does every year.

Since hajj is a few months later in thil hijjah, is he liable to pay khums on the full expense of hajj as he will have paid for an expense that he was unable to use before his khums date? Obviously the group requests the full payment in advance of the trip to cover the expenses of the trip including visas, accommodation, preparations so my understanding is that khums is not liable on the hajj expense but I want to check with you as a qualified and respected scholar.

What he did is correct. He is not liable to pay Khums for the amount that he paid towards the hajj. Since the year before he has paid for the Khums, and his money towards the hajj was from money that Khums had been paid on. The hajj is valid and there is no issue. Khums is due on whatever is extra. The money he paid towards hajj was not with him and couldn’t have possibly been with him since he had to pay for the hajj expenses a couple of months before the hajj.