What is your opinion, may Allah guide you, regarding a person whose money became mixed with money that someone had deposited with him without his intention? What will absolve him of liability?
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The questioner : He says: O esteemed Shaykh, what is your opinion, may Allah guide you, regarding a person whose money became mixed with money that someone had deposited with him without his intention? What will absolve him of liability?
The Shaykh : If the money is dirhams, there is no difficulty in that. He gives the owner of the money the amount of dirhams he mixed. Dirhams do not differ. But if it is not dirhams, for example, if he mixes a sack of rice belonging to someone with a sack of rice he has, that is the difficult case. In this situation, if the sa' measures of the other person's sack are known, and the sa' measures of his own sack are also known, there is no difficulty. If the rice is of one kind, one type, and one description—meaning both sacks are of the same variety and equal in quality, whether good or bad—then this is also easy. It is divided, and this one is given his right, and this one his right, and this one his right. And if the matters become complicated, the affair is easy: they meet, they reconcile, and one of them absolves the other[Ash-Shuraa 42:40]. Yes.
The Shaykh : If the money is dirhams, there is no difficulty in that. He gives the owner of the money the amount of dirhams he mixed. Dirhams do not differ. But if it is not dirhams, for example, if he mixes a sack of rice belonging to someone with a sack of rice he has, that is the difficult case. In this situation, if the sa' measures of the other person's sack are known, and the sa' measures of his own sack are also known, there is no difficulty. If the rice is of one kind, one type, and one description—meaning both sacks are of the same variety and equal in quality, whether good or bad—then this is also easy. It is divided, and this one is given his right, and this one his right, and this one his right. And if the matters become complicated, the affair is easy: they meet, they reconcile, and one of them absolves the other
