although he exercises sound judgment in his dealings; the impediment to this, however, is evidence attesting in his favor. If this is the case, may his partner take its value from his property?

The Answer

He replied:

If the partner has transgressed by doing something authorized neither by Islamic law nor by the owner, whether expressly or by customary understanding, he is liable for any loss caused by his wrongdoing, even if he is under legal restriction. If his wrongdoing has diminished the horse’s value, he must compensate for that diminution. If liability arises from the horse’s death, he is liable for its full value.

He was asked:

Zayd and ʿAmr jointly own a horse. Zayd took the horse and drove it in an unaccustomed manner without ʿAmr’s permission. The horse subsequently became weak and died while in Zayd’s custody.

He replied:

Yes. If the partner mistreated the horse and it died because of his wrongdoing, he is liable for his partner’s share. Allah knows best.