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5. GEMS ACQUIRED BY UNDERWATER DIVING → ← 3. TREASURE TROVES

4. LAWFUL PROPERTY THAT HAS BECOME MIXED WITH UNLAWFUL PROPERTY

Ruling 1830. If lawful property has become mixed with unlawful property in a way that a person cannot distinguish one from the other, and if the owner and the quantity of the unlawful property are not known, and if one does not know whether the quantity of the unlawful property is less or more than one-fifth of the entire property, then by paying khums on it, it becomes lawful. And based on obligatory precaution, the khums must be given to someone entitled to receive both khums and radd al‑maẓālim.

Ruling 1831. If lawful property becomes mixed with unlawful property and one knows the quantity of the unlawful property – irrespective of whether it is more or less than khums – but he does not know who its owner is, he must give away that quantity with the intention of ṣadaqah on behalf of its owner. And the obligatory precaution is that he must first obtain permission from a fully qualified jurist.

Ruling 1832. If lawful property becomes mixed with unlawful property and one does not know the quantity of the unlawful property but does know who its owner is, in the event that the person and the owner cannot come to a mutual agreement [as to the quantity of the unlawful property], the person must give the owner a quantity that he is certain is his. In fact, if the person himself was at fault in the two properties – i.e. the lawful and the unlawful – becoming mixed, then as an obligatory precaution, he must give him more than what he deems probable is his property.

Ruling 1833. If a person pays khums on lawful property that has become mixed with unlawful property and later realises that the quantity of unlawful property was more than the khums, he must give the extra quantity that he knows was more than khums as ṣadaqah on behalf of its owner.

Ruling 1834. If a person pays khums on lawful property that has become mixed with unlawful property, or if he gives some property as ṣadaqah on behalf of the owner who is unknown to him and later the owner is found, then in the event that the owner does not agree [to the action taken], based on obligatory precaution, the person must reimburse him his share.

Ruling 1835. If lawful property is mixed with unlawful property and the quantity of the unlawful property is known, and if a person knows that the owner can only be one of a group of people but he does not know which one, then in such a case, he must inform all of them. After that, in the event that one of them says it belongs to him and the others say it is not theirs or they confirm that it belongs to him, the person must give it to him. However, if two or more persons say it belongs to them, in the event that the dispute is not resolved by way of settlement and suchlike, they must refer to a fully qualified jurist to settle the dispute. If all of them claim they did not know or are not prepared to settle, then what is apparent (ẓāhir)[1] is that ownership of the property must be determined by drawing lots (qurʿah); and as an obligatory precaution, the lots must be drawn by a fully qualified jurist or his representative (wakīl).

[1] For practical purposes in jurisprudential rulings, expressing an ‘apparent’ ruling equates to giving a fatwa.
5. GEMS ACQUIRED BY UNDERWATER DIVING → ← 3. TREASURE TROVES
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