Khalt (mixing of property and things)

الخلط

Khalt is lexically mixing a thing with another, and is wider than liquids; the Kulliyat defines it as joining the parts of two or more things; its rules vary with its subject. ¹ Mixing of zakatable property: if two owners mix their property, by joint ownership or by neighbourhood, some jurists have them pay zakat as one owner. ² Mixing capital in partnership: the Hanafis, Malikis and Hanbalis hold that partnership is concluded by the contract alone without mixing; the Shafiis require the mixing before the contract to a degree that the goods cannot be told apart, and if it is after, the contract must be repeated. ² Mixing by wrongdoing: a usurper or trustee who mixes the property with other goods must pay it if it can be separated; if not, it counts as lost and the duty passes to his liability, whether he mixes it with a like, better or worse thing. ²³ A guardian mixing an orphan's property with his own: allowed where it benefits the orphan, and the mixing of food for orphans for the good of all, as the verse on reform of orphans is cited. ³ Mixing water with a pure thing: it does not lose its purifying power if the mixing cannot be avoided, like weed; it loses it when mixed deliberately. ³