How should the fifth share (Khums) due to relatives (of the Prophet, peace be upon him) be distributed when the beneficiaries reside in different regions (Amsar)?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The distribution of the fifth share due to relatives must be generalized among all eligible recipients according to capability. This is the position held by Al-Shafi'i. The evidence for this is that the fifth share due to kinship (of the father's line) is a right that must be delivered to all eligible recipients, similar to inheritance. The Imam must send directives to his provincial governors to ascertain the total amount collected. If the collection is equal among regions, each fifth portion is distributed among those closest to it. If it is unequal, an order must be given to transport the surplus to be given to its rightful recipient, akin to inheritance. This differs from Zakat, which is not generally transported, because every locality usually has Zakat funds to distribute among its own poor, whereas the Khums is collected in some regions and not others; failing to transport the surplus would lead to some receiving benefit while others are deprived.
Supporting text
Some scholars held that the people of each specific region should be restricted to the fifth share derived from military expeditions (Maghazi) relevant only to them, as transporting it presents undue hardship. For instance, what is taken from the Roman front should go to the people of Sham and Iraq, and what is taken from the Turkish front should go to those near in Khurasan. This is because comprehensive distribution is impossible, thus it is not obligatory, similar to other shares that are not distributed universally.