What is the ruling when a usurper mixes coins (dinars or dirhams) taken from one person with similar coins belonging to another person, making them indistinguishable?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
When a usurper mixes coins taken from one person with similar coins belonging to another person such that they cannot be distinguished, both owners become partners in the resulting mixture. This ruling is supported by the principle that the act committed by the usurper was an act of transgression (*ta'addi*) that did not destroy the inherent value (*maliyyah*) of the property, thus the original ownership is not nullified. This is analogous to slaughtering a sheep; the ownership of the sheep does not transfer just because it was unlawfully slaughtered.
Supporting text
Abu Hanifa holds that the usurper gains ownership of the mixed property, and he owes a monetary penalty (*gharamah*) equal to the value of the mixed property to both original owners. This is because the delivery of the specific original items has become impossible, resembling a situation where the property has been destroyed.