because it is a separation of shares, not a sale. But if it is a consensual division, it does not become binding merely by the division itself; rather, they retain the option as long as they remain in the same session, because it is a sale, and a sale entails an option. The Prophet, peace and blessings be upon him, said: “The two parties to a sale retain the option so long as they have not parted.” (1)

Once they have divided the property and the division has been completed, there are two ways to determine either party’s share: the first is selection, and the second is drawing lots.

An example of selection is when we divide jointly owned land and I say to you, “Choose,” and you make your choice. The matter is then clear. But if each of us refuses to let the other choose, we resort to drawing lots. Lots may be drawn in any manner, and once the lots have been drawn, the result becomes binding. This applies to a compulsory division. As for a consensual division, as mentioned above, each of us retains the option as long as we remain in the same session.

If, for example, we divide between ourselves the fruit of date palms by estimation while it is still on the trees, this is permissible, because it is a separation of shares and not a sale. Were it a sale, it would not be permissible, because one may not sell another the fruit of date palms while it remains on the trees by estimation. Thus, if we divide it and one of us lets the other choose, and the one given the choice selects his share, then later retracts and says, “There was an error in the division,” his claim is not accepted.

There is an unusual story that occurred here in this town. Two men divided the fruit of date palms between themselves during the month of Ramadan. One said to the other, “Choose.” The one given the choice walked among the palms and said, “I choose this side.” The other said, “Take it,” and then said to those harvesting the fruit, “I would like you to come to me—