What is the liability when a co-owner obtains permission from only some, but not all, co-owners before digging in the joint property?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

The ruling is identical to digging without any permission in jointly owned property. Since digging and any related disposition (tasarruf) are only permissible with the authorization of all partners, the partial permission does not mitigate the digger's full liability for all resulting damages.