permissibility, unless evidence establishes prohibition. This is unlike acts of worship: the basic rule concerning acts of worship is prohibition unless evidence establishes their legislation. Thus, if someone worships Allah in a particular manner and says, “This is a sunnah; this is legislated,” we say to him, “Bring the evidence; otherwise it is rejected,” because of the Prophet’s saying, peace and blessings be upon him: “Whoever performs an act that is not in accordance with our matter, it is rejected.” (1)
His words, “a divider,” imply that he has a degree of judicial authority. Therefore, he must be knowledgeable about division and trustworthy. An ignorant person is not fit to carry out division, nor is one who is untrustworthy, even if he is knowledgeable, because he may show favoritism to one of the parties dividing the property over another.
His words, “and his fee is according to the respective shares of ownership”: there are three views—either it is according to the respective shares of ownership, according to the number of owners, or according to their stipulation. The relied-upon position, as the author stated, is that it is according to the respective shares of ownership. For example, if we hire this divider for six hundred, and the property is jointly owned land, with one person holding two shares and the other holding four, then the owner of the four shares pays four hundred, while the owner of the two shares pays two hundred. This is because the owner of the two shares owns one-third, while the owner of the four shares owns two-thirds; hence, the fee is apportioned according to the respective shares of ownership. Then lots are drawn.
According to the view that it is apportioned according to the number of owners, in the example we mentioned, one of them owns two-thirds of the land and the other one-third, while the fee is six hundred; we divide it equally between them because there are two owners.
The third view is that it is according to their stipulation; in the absence of a stipulation, it is according to