What is the ruling on purchasing items from an individual whose wealth contains both lawful (halal) and unlawful (haram) portions, such as a tyrannical ruler or a usurer?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If it is known that the purchased item originates from the lawful portion of the seller's wealth, the purchase is lawful. If it is known that the item originates from the unlawful portion, the purchase is unlawful. The buyer's claim regarding the origin of the item is not accepted as conclusive in a legal ruling because the apparent status of wealth in one's possession is that it is owned by them. If the origin (lawful or unlawful) cannot be determined, the transaction is disliked (makruh) due to the possibility of the unlawful being involved, but the sale itself is not invalidated because the possibility of it being lawful exists, regardless of whether the unlawful portion is small or large. This situation constitutes a matter of doubt (shubha). The degree of doubt corresponds to the proportion of doubtful wealth.
Supporting text
Imam Ahmad dislikes consuming from such wealth based on the Hadith where the Prophet (peace be upon him) stated that the lawful is clear, the unlawful is clear, and between them are doubtful matters; whoever avoids the doubtful preserves their religion and honor, whereas whoever falls into doubt is close to falling into the unlawful, likening it to a shepherd grazing around a protected area (hima). This view aligns with the school of Imam Al-Shafi'i.