Mixing, loss and denial

This page brings together fifteen sheets of the Legal Encyclopedia (al-Mawsua al-Fiqhiyya) devoted to the mixing (khalt) of the wadi'a, that is, property entrusted as a deposit, its contamination and its loss. It examines what happens when the custodian mixes the deposit with other property so that distinguishing and separating the two becomes impossible or difficult, with or without the authorization of the depositor, as well as the case of a third party carrying out such mixing. Also covered are: destroying the deposit at its owner's order, the duty to ward off the danger threatening it, accepting the custodian's word when he claims to have returned it, denial of the deposit (juhud) and its conditions, restitution to the owner's agent, and finally the death of the custodian who is ignorant of the deposit or of one who does not know the deposit's owner. Each sheet quotes the positions of the four schools, with takhrij and classical references.

Parts of this section

• The second case: mixing the deposit with property that cannot be distinguished from it, or only with difficulty
• Accepting the custodian's word that he returned the deposit