Chapter on Partition

Partition is of two kinds: one by mutual consent and one by compulsion.

Where partition would harm the property and lessen its value—such as a public bath, small houses, a single tree, or an animal—no division of the jointly owned item is allowed unless every partner agrees.

If they do agree, the partition is valid and is treated as a sale, subject to all the rulings that govern sales.

If they do not agree and one partner calls upon the other to sell that item, or to sell a jointly owned slave, animal, sword, or the like, the reluctant partner is compelled. Should he still refuse, the judge orders the item sold on behalf of both parties and the proceeds are divided between them.

There is no compulsion in the division of usufruct. If they apportion the benefit by time—one uses it for a month and the other for an equal period—or by space—one occupies one room and the other another—the arrangement is valid and permissible, and either party may withdraw from it.