What is the ruling if the property found to belong to a third party is communally shared (musha') within the respective shares of the partners?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the rightful claim belongs to a third party communally across the shares of both partners, the division is voided because the third party is their co-owner, and the division was executed without their presence or permission. This resembles a situation where they have a known co-owner but divide the property without consulting him.
Supporting text
The ruling remains the same even if both partners, or one of them, were aware of the superior claim at the time of division, according to the previously stated specifics regarding such knowledge.