Article 158
The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way:
a. By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar.
b. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do not use it are not given more. Those who are unable to cultivate their land are given financial assistance to enable them to cultivate it.
c. Giving help to those unable to repay their debts by providing funds from the Zakah, and the war booty, and anything similar.
The evidence for clause: “a” is that Allah (swt) gave the wealth of the Bani Al-Nadir to the Prophet in order for him to give it to whom he wished, and the Messenger (pbuh) gave it specifically to the emigrants rather than the Ansar, and did not give any of the Ansar anything apart from two men from amongst them. The wealth of Bani Al-Nadir was part of the booty, and similar to the booty is the rest of the wealth which is derived from fixed sources such as the land tax, because its expenditure has been placed under the responsibility of the Imam to spend according to his opinion and Ijtihad, except for if the text came explaining where it should be spent such as the expenditures of Zakah, in which case it would not be allowed to spend it except upon whatever the text mentioned. This is only with respect to the fixed sources of income, but as for the wealth collected from the taxes upon the Muslims, it cannot be given out because the text was regarding the booty and analogy upon it is made with anything similar, which are the fixed sources of income for the Bayt Al-Mal.
As for clause: “b” its evidence is the action of the Messenger (pbuh) when dividing the land; it is reported fromAmrf Bin Hareeth who said: