He was asked:

About a man who jointly owned a mare with another man. With his consent, the mare was in his partner’s keeping. An order from the ruling authorities was imposed on the town, and the mare was seized along with other horses and goods. The other partner now wishes to hold the partner who had custody of it liable. Is he entitled to do so?

He replied:

Praise be to Allah. If he was neither negligent nor guilty of wrongful conduct, he bears no liability for what has been described. In these circumstances, his denial of negligence and wrongful conduct is accepted upon his oath.

He was asked:

About a man who jointly owned an orchard with another man and leased the latter’s share from him under a lease valid under Islamic law. The partner who leased it wrongfully cut down some of the orchard’s fruit-bearing trees that yielded income, without the owner’s permission, although the owner was present. He used some of the remnants and firewood for his own purposes. Is he required to make restitution for what he wrongfully took? May the owner hold to account the assistants who actually cut the wood?

He replied:

He is not entitled to take his partner’s share unless he is entitled to it under a contract of