Can someone other than the father take from the property of another without permission?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
No one other than the father may take from the property of another without the latter's permission. This is based on the report concerning the father: "You and your property belong to your father." Analogy cannot be made for others besides the father because the father possesses legal authority (*wilayah*) over his minor child and his property, possesses complete compassion (*shafaqah*), has an established right, and his inheritance is never eliminated. The mother cannot take because she holds no such authority. Likewise, the grandfather does not have authority over his son's child's property, his compassion is less than that of the father, and he is veiled (or blocked) in inheritance and in the authority of marriage.
Supporting text
Other relatives and strangers have no right to take by way of implication because if taking is prohibited for the mother and grandfather, who share some common attributes with the father, then others who do not share those attributes are more deserving of prohibition.