What is the legal outcome when an agent mixes two identical capital sums from two different principals to purchase two identical assets, resulting in indistinguishable ownership?
General Chapter
Al-Mughni
Book of Partnership
Primary text
When an agent receives identical sums of capital from two different principals and uses each sum to purchase an asset, such as two slaves, and these assets become mixed and indistinguishable, a reconciliation (*Istilah*) must occur between the two owners, similar to when one person's grain mixes with another's. The preferred ruling is that the two original owners become partners in the mixed assets. The assets are sold, and the proceeds are divided between them. The agent receives his agreed-upon share of the profit, and the remainder is split equally between the principals. This is preferred because each owner's established ownership in one asset should not be entirely nullified by mere indistinguishability without their consent.
Supporting text
A secondary opinion states that both assets belong entirely to the agent, who must then compensate the principals for their original capital, retaining the profit and bearing any loss. This view is rejected because it allows the agent's mismanagement to result in him exclusively gaining the profit while depriving the wronged principal, or conversely, it would force one principal to share profit with the other without having provided capital or labor.