What is the ruling on the right of retrieval when purchased goods are mixed with other goods indistinguishably?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

If one purchases oil and mixes it with other oil, or purchases wheat and mixes it with wheat such that the two cannot be distinguished, the right of retrieval (right to take back the specific item) is nullified. The fundamental proof for nullification is that the specific original chattel is no longer found, which invalidates the right to retrieval, similar to when the item is destroyed. Furthermore, what is taken in exchange for the item is merely a substitute, giving the creditor no special right to it over other creditors, as in the case of the item's complete loss. The Prophet's saying, "Whoever finds his chattel intact in its original form," implies finding the actual physical item, as evidenced by cases where the item is found after the seller's ownership has ceased, or when purchased wood is used in construction or a purchased slave bears a child.

Supporting text

Malik holds that the buyer may still take his oil. Al-Shafi'i states that if the item is mixed with something of equal quality or lesser quality, the right of retrieval is not nullified, and the buyer may take his commodity by measure or weight. If mixed with something superior, there are two differing opinions: one view states the right to the specific item is nullified.