1831. If wealth that is gained in accordance with sharia’ becomes amalgamated with wealth that is illegally gained in a manner that one is unable to discern between the two, and neither the owner of the illegally gained wealth, nor its amount is known, then should a person not know whether the illegally gained amount is greater or lesser than khums, he should pay khums on the entire amount. Based on obligatory precaution, this khums is to be utilized in a place which suites both khums and Òadaqah, while intending fulfilment of his duty (an intention which includes both paying khums and Òadaqah. After the khums has been paid, the remaining wealth shall be deemed legal (Halal).
1832. If wealth that is legally gained becomes amalgamated with wealth that is illegally gained, and a person knows the amount that was acquired illegally but is unable to determine its owner after investigating, he should give the amount that was illegally acquired as Òadaqah on behalf of its owner. Obligatory precaution dictates that he should also obtain permission from the ÎÁkim al-shar’.
1833. If wealth that is legally gained becomes amalgamated with wealth that is illegally gained, and a person is unable to determine the amount that was acquired illegally but knows its owner; should the amalgamation become a cause for (abstract) partnership—for example if oil acquired legally becomes amalgamated with oil that is acquired illegally—and they come to an agreement, the amount they agree upon shall therefrom be specified. However, if they are unable to come to an agreement, he should give him the amount that he is certain that it belongs to him.
If the amalgamation does not become the cause for (abstract) partnership—such as cases where the parts of the wealth are distinct from each other— in respect to quantity he should give him the amount that he is certain belongs to him. As for the specific properties of the items that are given, it should be determined by drawing lots. In both cases, the recommended precaution is that he should give him more than the probable amount.
1834. If a person pays the khums of legally acquired wealth that is amalgamated with illegally acquired wealth, and later realizes that the illegally acquired wealth was more than the khums, then should the difference be specifically known, he should give that amount as Òadaqah on behalf of the owner. Obligatory precaution dictates that he should seek the permission of the Îákim al-shar‘ prior to doing so. However, if the amount of difference is not specifically known, then after paying the first, he should act according to the instruction in article 1831 with respect to the remaining amount.
1835. If a person pays khums of legally acquired wealth that is amalgamated with illegally acquired wealth, or gives the wealth of an unidentifiable person as Òadaqah on his behalf, then should he later locate the owner of the welath, he will not be liable to pay anythign to him.
1836. If wealth that is legally acquired becomes amalgamated with wealth that is illegally acquired, and the amount of the illegally acquired wealth is known, and a person is certain that the owner is one from a group of specified people, but is unable to determine which of them in particular; obligatory precaution dictates that should he be able, he should satisfy all of them. However, if this is not possible, he should determine the owner by means of a ballot.
