What is the Shia justification for khums?

Sources

• ✓ Al-Kafi 4:996

  Shia Mursal كالHasan

  Al-Kafi · Book 4, Hadith 996 · Narrated by the Servant of Allah (peace be upon him)

  The Khums (one-fifth) is taken from five categories of spoils: from gains of war, from diving for treasures, from stored treasures, from minerals, and from salt mines. One-fifth is taken from each of these and is assigned to whom God has designated it. The remaining four-fifths are divided among those who fought over it and the one responsible for it. The Khums is divided into six shares: a share for Allah, a share for the Messenger of Allah, a share for the close relatives, a share for orphans, a share for the poor, and a share for the wayfarers. The shares of Allah and the Messenger belong to the authority after the Messenger of Allah (peace be upon him) as inheritance; he has three shares: two shares as inheritance and one share assigned to him from God. Half of the Khums in entirety belongs to him, and the other half is divided among his family, allotted to the orphans, the poor, and the wayfarers of his family, divided according to the Book and the Sunnah such that they become self-sufficient throughout the year. If anything remains beyond that, it goes to the governor, and if they fail to suffice or are deficient, it is incumbent upon the governor to provide for them from his own resources to the extent that they are self-sufficient. This Khums was made specifically for the relatives of the Prophet (peace be upon him) exempting the general poor and the wayfarers of the people; it is compensation for them from the charity of the people, purifying them before God due to their kinship with the Messenger of Allah and a dignity granted by God, freeing them from the filth of the people's hands. God gave them special exclusive resources so that they do not fall into humiliation and poverty. There is no harm if some charity from some of them reaches others. These relatives of the Prophet (peace be upon him), for whom God has made the Khums, are those mentioned by God when He said, 'And warn your nearest kindred.' They are the sons of Abdul-Muttalib themselves, the males and females of them. Among them are no people of other houses of Quraysh nor others from the Arabs. No mawali (clients or freedmen) from among them partake in this Khums. The charity of the people is lawful for their mawali, for they and the people are equal. If someone's mother is from Banu Hashim and his father from the rest of Quraysh, then the charity of the people is lawful for him but he has no share of the Khums because God said, 'Call them by their fathers' [legal lineage]. The authority has the pure wealth to take from these possessions the best of what flows, the mounts, the good garments and belongings in what he likes or wishes. That is his before the division and before taking out the Khums. He may use this wealth to suffice all the responsibilities such as giving to those whose hearts need to be reconciled and other matters that fall to him. If after that anything remains he takes out the Khums from it, divides it among their people and divides the remainder among those responsible for it. If no surplus remains after covering liabilities there is nothing for them. No one who fought over lands has any share except what the army contained. The Arabs have no share in the division, even if they fought alongside the governor. The Messenger of Allah (peace be upon him) made a treaty with the Arabs that they would remain in their lands and not migrate; but if the Messenger of Allah were to launch an attack on the enemy he could rouse them to fight. They have no right in the spoil. This is the ongoing tradition concerning them and others. Lands taken forcibly by cavalry or mounted troops are left for those who cultivate and build them, and the one responsible makes a treaty with them for the justice they deserve, half, a third, or two-thirds, to whatever extent benefits them and harms them not. Once something is extracted from such lands, the governor is to give a tenth of all that the sky waters or irrigated fields produce and half a tenth of what is irrigated by grapevines and similar plants. The governor takes this and assigns it for eight shares: the poor, the needy, those working the land, reconciled hearts, freeing slaves, debtors, in the way of God, and the wayfarer. These eight shares are split among them according to their needs for their sustenance during the year without stinginess or miserliness. If anything remains of this it returns to the governor; if they fall short and do not suffice, the governor is to feed them as much as he can until they are self-sufficient. After that, whatever remains of the tenth is divided between the governor and his partners who are the workers and administrators of the land. They pay their shares according to the arrangement they agreed upon. The remainder belongs to the supporters of religion and for strengthening Islam, and public benefit in jihad and other matters of common interest. There is no personal share for himself in little or much. After Khums comes al-Anfal, which is all deserted land of which its inhabitants have disappeared, all lands not invaded by cavalry or mounted troops but where peace treaties were made and gifts given without fighting. He owns the summits of mountains, valleys, and wild lands, and he keeps those untouched by seizure for the benefit of the community. The spoils in the hands of rulers are those not acquired through legitimate conquest, for all usurpations are rejected. He is heir to those without heirs and the guardian of those without means of protection. God says: He has apportioned all sorts of wealth and given everyone their rights, the privileged, the common, the poor, and needy, and all people. He said that if justice were established among people they would be self-sufficient. Then He said: Justice is purer than honey and only those who are just can establish justice. The Messenger of Allah (peace be upon him) used to divide charity of the rural areas among the rural and that of the urban among the urban without equal division among eight shares until each share received its due. But he divided according to who was present from the categories of the eight shares according to yearly needs, neither fixed nor specified nor assembled, just what he saw fit and who was present until each group’s poverty was satisfied. If there was surplus, it was sent to others, and al-Anfal went to the governor. Every land conquered in the days of the Prophet (peace be upon him) up to the end of times, not taken by the call of oppressors and righteous, is upon the covenant of the Messenger of Allah, which is a single covenant for all times. The Messenger of Allah (peace be upon him) said: 'Muslims are brothers; their blood is equal and the least among them strives for their welfare.' There is no zakah on the Khums's wealth because the poor of people have their sustenance in the wealth of the people distributed among the eight shares so that none remain in need. The relatives of the Messenger have half the Khums that makes them independent of the people's and the Prophet’s and the authority’s charity. None of the poor of the people nor the poor among the relatives remain in need; all become self-sufficient. Therefore, there is no zakah incumbent on the wealth of the Prophet (peace be upon him) or the governor because no poor remain in need, but they have obligations that cover them from various angles as they have from those angles.