Some jurists—and this is the view indicated by the author’s discussion—said: The detriment is that one of the partners cannot benefit from his share after it is divided, whether or not the value differs. Others said: Rather, the detriment is the reduction in value caused by the division.
An example is a plot of land jointly owned by two people, measuring twenty-four metres and worth six thousand. One of them owns one-sixth and the other five-sixths. If we divide it into sixths, the owner of one-sixth cannot benefit from his sixth, because a sixth amounts to four metres. Is this a compulsory partition or a consensual partition? It is a consensual partition according to those who hold that the detriment is that one of the partners cannot benefit from his share once it is divided; but it is a compulsory partition according to those who hold that the detriment is the reduction in value caused by the division. Its value has not decreased: this one-sixth, if sold separately, would be worth one thousand, and if the land were sold as a whole, it would be worth six thousand.
Suppose, however, that this land measured six hundred metres. If the owner of one-sixth were allotted his share, he would receive one hundred metres, from which he could benefit; yet the division would reduce its value. When it was six hundred metres, it was worth sixty thousand, but after it was divided, this one-sixth would be worth only five thousand—a reduction of one half.
According to the view that the detriment is that one of the partners cannot benefit from his share after division, the partition in this case is compulsory, because he can benefit from his share. According to the second view—that the detriment preventing partition is the reduction in value caused by the division—we say that this is a consensual partition: if the owner of one-sixth agrees to be allotted one hundred metres, we divide it for him; but if he does not agree, there is no partition. If the one-sixth is one hundred metres and the value is not thereby reduced, then it is a compulsory partition according to both views. The established school holds that the detriment