4. When Halal Property is mixed up with Haraam Property
1822. If Halal property gets mixed up with a Haraam property in such a way that it is not possible to identify one from the other, and neither the owner of the Haraam property nor its quantity are known, he should give Khums on the entire property and after the Khums is given the property becomes Halal. If it is not subjected to Khums in any other way, otherwise it is obligatory to give Khums upon the rest of the property as well, as per obligatory precaution, it should be used up with the other Khums but with the intension of complying with the order of Allah he should spend it as Khums or Sadaqaat.
1823. If Halal property is mixed up with Haraam property, and the person concerned knows the quantity of Haraam property, but does not know its owner, he should give away that quantity as charity on behalf of its owner, and as per obligatory precaution, he should also obtain permission from the Mujtahid.
1824. If Halal property is 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 if the owner of the property does not agree, in case if the concerned person knows the specific quantity of the owner, or if he doubts that there is a greater share of the owner or not, the things upon which he has surety is of the owner, it should be given to the owner. As per recommended precaution, he should give the owner the greater of the doubted quantity.
1825. If a person pays Khums on a property in which Halal is mixed up with the Haraam, and learns later that the quantity of Haraam property was more than Khums, as per obligatory precaution, he should give the excess amount which he knows as Sadaqah, on behalf of the owner of the property.
1826. If a person pays Khums on a property in which Halal is mixed up with the Haraam, and later the owner turns up, he is not obliged for anything. Likewise, if he gives some property as Sadaqah on behalf of an unknown person, and later the owner turns up, he is not obliged for anything.
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 amongst a group of person, but cannot identify him. If possible he should take the consent of all of them and if it is not possible, then it is sufficient that he should
divide the property equally amongst them except if the property comes into his possession by his own will.