this can be equalized by measure: a container is brought, and a scoop is taken for you and a scoop for me, until it is all gone. Milk is the same. If we jointly own a bucket of milk, it can be divided: one container is taken for me and another for you, and so on until it is finished.
His words, “and the like,” include wheat, rice, coffee, sugar, and meat. All of these can be divided by measure if they are measured by volume, and by weight if they are weighed.
If two people jointly own a car, the one who refuses partition cannot be compelled to accept it. Indeed, even if they both agreed to divide it, we would not approve of that, because a car cannot be divided except by destroying it—and that is foolishness. So what is the means of ending the joint ownership? The means of ending it is to sell it.
If they jointly own several cars, we say: if these cars are of the same type, free of defects, and all new, then their partition is compulsory, because neither party suffers harm. But if they are of different types, or some are defective while others are sound, and they cannot be divided by physical allocation, then the partition is by mutual consent.
This partition is an allocation, not a sale. The partners may divide it among themselves, appoint a person to divide it, or ask the judge to appoint one. His fee is borne in proportion to their respective shares. Once they have divided it, or drawn lots, the partition becomes binding; and however they draw lots is permissible.
His words, “This partition is an allocation, not a sale”: the reference is to the nearest matter mentioned, namely compulsory partition.
Thus, his words, “an allocation,” mean distinguishing each partner’s right from that of the other partner.
His words, “not a sale,” mean that mutual consent is not stipulated for it, nor do the rulings of sale apply to it. Thus, there is no option to rescind while the parties remain in the same sitting. It is valid after the second call to the Friday prayer, because it is not a sale, so long as it does not distract him; and it is valid in the mosque, such as if you and I jointly owned a sack of rice and divided it in