Explanation of the author's statement: "And mixing makes the two properties like one."
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The Shaykh :"And al-khulṭah", with a dhammah on the khā', means mixing. "It makes the two properties like one". The apparent meaning of the author's words, "al-khulṭah", in the statement "al-khulṭah makes the two properties like one", is general, but that is not the case. Rather, his intended meaning is mixing in livestock, which makes the two properties like one property, not mixing in anything else. Mixing means the commingling of the two properties. For example, I have sheep, you have sheep, the third person has sheep, and the fourth person has sheep. We mix them all together, making the two properties like one. If I have twenty sheep and you have twenty sheep, we owe zakah. We owe one sheep. But if the twenty are mine alone and you have twenty alone, and they are not mixed, there is no zakah. Why? Because mixing makes the two properties like one property. It may result in the obligation of zakah on what is not otherwise obligatory, and it may remove the obligation of zakah on what is otherwise obligatory. Yes, very well, then we will mention this later.
So, al-khulṭah is mixing, where the two properties are commingled. The scholars said that al-khulṭah is divided into two types: mixing of entities and mixing of attributes. Mixing of entities is when the property is shared between us in ownership. For example, we inherit sheep from our father. A man dies leaving two sons and eighty sheep. The eighty are now shared between the two sons. Is this a sharing of attributes or a sharing of entities?
The questioner : Entities.
The Shaykh : Entities, because the actual sheep are half mine and half yours. Yes, one son has half and the other son has half. This is a partnership of entities. It occurs through inheritance or through purchase. Perhaps we buy sheep and share in them; I pay half the price and you pay half the price. This is a sharing. This is a sharing of entities. A sharing of attributes is when each person's property is distinct from the other's, but they share in matters that we will mention, if Allah wills.
So, al-khulṭah is mixing, where the two properties are commingled. The scholars said that al-khulṭah is divided into two types: mixing of entities and mixing of attributes. Mixing of entities is when the property is shared between us in ownership. For example, we inherit sheep from our father. A man dies leaving two sons and eighty sheep. The eighty are now shared between the two sons. Is this a sharing of attributes or a sharing of entities?
The questioner : Entities.
The Shaykh : Entities, because the actual sheep are half mine and half yours. Yes, one son has half and the other son has half. This is a partnership of entities. It occurs through inheritance or through purchase. Perhaps we buy sheep and share in them; I pay half the price and you pay half the price. This is a sharing. This is a sharing of entities. A sharing of attributes is when each person's property is distinct from the other's, but they share in matters that we will mention, if Allah wills.