6. Lawful Property Mixed with Unlawful One
If some lawful property gets mixed with unlawful one, if amount cannot be distinguished the quantity determined nor the true owner found, it will become legal property with the payment of Khums. It is Ehtiyat that such Khums be given with a general intention, i.e. a payment of Khums or Mazalim (Mazalim means to pay charity as a redemption for valuables obtained in an unlawful way and one is not able to reimburse the owner either because he does not know him or because it would be dangerous for him to do so). If the amount of illegally obtained property is known but not the owner, it must be given to charity on behalf of the owner, regardless, such an amount is equal to the amount of Khums or more or less than that. If the owner is known but not the amount, they have to come to some agreement. If the owner does not agree, one is allowed to pay him the lesser amount, provided, the owner will accept the specified amount, otherwise, they have to refer to a legal authority to settle the dispute. In such a case, if the owner accepts the specified amount the matter will be settled. If he does not know, the authority must force him to. If both the owner and the amount are known, it must be given back to him and the work of specifying such property must be based on mutual agreement.
Rule 18. If the amount of such property is known and also the owner, not in person but as one in a numberable group, it is Ehtiyat to obtain the consent of the whole group not to hold him liable. If this is not possible, there can be several ways of dealing with the problem, of which one, would be to distribute it among them proportionately. The same rule applies when the amount is not known and the owner is one of a group of numberable people.
Rule 19. If one is liable for an illegally obtained property which is no longer at his disposal, there is no ground for Khums. In this case, if he knows the kind, the amount and the owner of such property, he must give it back to him. If he docs not specifically know the owner but he is one among a numberable group, it is a necessary Ehtiyat for him to obtain the consent of the whole group not to consider him liable. If this is not possible, the owner must be determined by casting lots. If the owner is one of a group of numerous people, it must be given as charity on his behalf, and it is a necessary Ehtiyat that this be done with the permission of a high authority in the Islamic Laws. If the kind of such property is known but not the quantity, one is allowed to relieve himself of the obligation by paying the lesser amount. The above rules apply also if the owner is known of as only one among a group of numerous people, or an innumerable group. The same rules apply if the kind of such property is known and it usually is exchanged for its price (not by weight or measure), and one is liable without the property being at his disposal. If the kind is not known and the property is an item of a category of a whole product, if it is possible to reach a settlement with the owner it will solve the dispute, otherwise, it is possible to solve the dispute by casting lots to determine the item.
Rule 20. If the owner is found after Khums is paid, evidently, one will not be owing anything to the owner.
Rule 21. If after paying Khums one comes to know that the amount of illegally obtained property is more than what was paid as Khums, it is necessary to pay the difference. If the Khums paid was more than the amount of the property in question, it is not lawful to ask a refund for the extra amount.
Rule 22 If the illegally obtained property is from Khums, Zakat or any general or specified endowments, and is mixed with one's own lawful property, it cannot be made lawful by paying Khums. Obviously, the solution will be to refer to the relevant people such as the deserving recipients of Khums, Zakat etc.
Rule 23. If a lawful property has become subject to Khums and has been mixed with unlawfully obtained property, it is said that it is necessary to pay the Khums first, then deal with it according to the relevant rules of such a mixture. For instance, if one has seventy five dollars, he must pay the 20% first and deal with the remaining forty eight dollars according to the relevant rules. It is evident that one will deal with it as follows: (a) Separate aside the amount of Khums due on the lawful property.
(b) Then pay Khums out of the remainder. For instance, if fifty dollars of the seventy five dollars is known to be lawful and subject to Khums, if it is unknown whether the amount of illegally obtained property is more or less than 20%, it is sufficient to first separate aside ten dollars as the Khums of the fifty dollars and pay the Khums of the rest. After paying the above amounts he will have left with him fifty two dollars.
Rule 24. If one disposes such a mixture without paying the Khums, Khums will still be due and he will be liable for it, and will have to pay it to the proper recipient if he knows the exact amount. If he cannot decide between the lesser or greater amount, he is allowed to pay the lesser amount, but it is Ehtiyat to pay the greater.