some money to the other portion, which does not contain the house. Its division is therefore a consensual partition.

Likewise, if part of it contains a well, and it cannot be equalized by portions—for we cannot divide the well so that each of us has half—then its division is likewise a consensual partition. In short, anything whose division requires additional compensation is divided by consensual partition. Hence the author says:

“This division is treated as a sale; therefore, one who refuses to divide it cannot be compelled to do so.”

The author then moved on to the second category, namely compulsory partition, saying:

“As for property whose division entails neither detriment nor payment of compensation, such as a village, an orchard, a large house, land, spacious shops, and goods measured by volume or weight that are of one kind—such as oils, milk, and the like—if one partner requests its division, the other is compelled to agree.”

It is called compulsory partition because it does not depend on the partners’ consent; rather, the one who refuses is compelled. Its criterion is every partition involving neither detriment nor payment of compensation.