Section: On Division
A jointly owned property that cannot be partitioned without either damage or the need to give compensation—such as small houses, a public bath, and the like—may not be divided unless every partner consents. Anyone who refuses cannot be compelled; instead, at the request of any partner, the property is sold or leased.

As for property whose division entails neither harm nor compensation—such as a village, a tract of land, a large house, a spacious shop, or measured or weighed goods of a single kind—the partner who refuses may be forced to divide at the request of his co-partner. This is called ifrāz (allocation), and it is likewise permissible in the meat of sacrificial animals offered as hady or ʾuḍḥiyah.

The partners may undertake the division themselves or through a divider whom they appoint; and if they ask (1) the judge, he appoints one. The divider’s fee is borne in proportion to each partner’s share. The division becomes binding once they mutually agree to it and separate, and (2) drawing lots—by whatever method they choose—is also valid. The division is void, however, if it involves gross inequity.

Section
Neither a claim nor a denial is valid unless made by someone legally competent (3) to transact, save for liabilities for which a spendthrift is immediately accountable. If two people dispute ownership of an item that is in the hand of one of them, it belongs to him upon his oath. Should each of them present evidence, the testimony of the non-possessor takes precedence. If the item is in both their hands and neither produces evidence, they divide it equally; and if it is in the possession of a third person who neither claims it nor acknowledges it for either party, the matter is decided by drawing lots.