What is the ruling when a usurped item is mixed with an identical item of the same kind when separation is impossible?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the usurped item is mixed with an identical item of its kind (like oil with oil, wheat with wheat, or currency with identical currency), Ibn Hamid and the apparent view of Ahmad state that the usurper must provide the equivalent amount (*mithl*) of what was usurped. This is supported by the principle that if the mixture were with a non-identical item, the usurper becomes a partner, implying that mixing with the same kind necessitates restitution of the equivalent.
Supporting text
The view of Al-Qadi is that the measure of the school requires him to give the equivalent, allowing the owner to choose from either the mixed batch or other sources, as the inability to return the specific item due to mixing is analogous to total destruction. Furthermore, some Shafi'is hold that if the mixture is flour (*daqeeq*), the value (*qimah*) must be returned because flour is not considered an equivalent measure (*mithli*) by them.