Is it permissible for one partner to rent out an undivided share (Mushaa') of property to a non-partner?

Primary text

Renting an undivided share to someone who is not a partner is impermissible, unless all partners rent it out together. This is the position of Abu Hanifa and Zufar, based on the inability to deliver possession, equating it to wrongfully seized property. This is because delivery requires delivery of the partner's share, and one has no authority over a partner's property. Abu Hafs al-'Ukbarī favored permissibility, which Ahmad alluded to, and which is the view of Malik, Al-Shafi'i, Abu Yusuf, and Muhammad. The evidence for permissibility rests on the basis that it is a known item that can be sold, thus rent is permissible like an undivided item. Furthermore, it is a contract concerning one's own property, permissible with a partner, so it is permissible with a non-partner, similar to sales. Finally, since it is permissible when both partners act together, it should be permissible for one to act regarding their share individually, as in a sale.