When Halal property gets mixed up with Haraam property
1822. If halal property gets mixed up in such a way that it is not
possible to identify each from the other, and the owner of the haraam property
and its quantity are not known, and if it is also not known whether the quantity
of the haraam property is more or less than the due Khums , the person concerned
should pay Khums, with the Niyyat of Qurbat on the entire property, to one
entitled to receive Khums and such properties whose owners are unknown, and
after the payment of Khums the balance will become halal for him.
1823. If halal property gets mixed up with haraam property, and the
person concerned knows the quantity of haraam property, (irrespective of it
being more or less than Khums) but does not know its owner, he should give away
that quantity as Sadaqah on behalf of its owner, and the obligatory precaution
is that he should also obtain permission from the Mujtahid.
1824. If halal property gets mixed up with haraam property, and the
person concerned does not know the quantity of haraam property, but knows its
owner, they should come to some understanding and agreement with each other, and
pay the owner a sum which would ensure that the amount due has been paid up. In
fact, if the person concerned knows that it was due to his own negligence that
the mix up occurred, then he should, as a precaution, pay more than what he
feels might belong to the owner.
1825. If a person pays Khums on a property which has halal mixed with
haraam parts, and learns later that the quantity of haraam property was more
than Khums, he should give the excess as Sadaqah, on behalf of the owner of the
property which has remained unlawful with him.
1826. If a person pays Khums on a property which has been mixed up, or
gives some property as Sadaqah on behalf of an unknown person, and if the owner
turns up later, as an obligatory precaution, he must reimburse him his part, if
he does not agree to the action taken.
1827. If a halal property mixes up with haraam property, and the
quantity of the haraam property is known, and the person concerned knows that
the owner is one of a group, but cannot identify him, he should inform all of
them. If one of them claims while others do not, or show no interest, he should
hand over to the one who claimed.
And if two or more people claim, he should refer to the Mujtahid for his decision after all attempts at compromise and understanding have failed. And if all of them in the group showed an interest, or did not present themselves for a compromise, then he will draw lots to determine the owner, and as a precaution, the lots will be drawn by the Mujtahid, or his Wakil.