Book of Division

750 — All the scholars whose views we preserve unanimously agree that when land is jointly owned and can be divided without causing harm to any of the partners, it must be divided.

751 — They likewise concur that this division becomes obligatory once they establish proof of their original ownership.

752 — They also agree that if a single pearl is owned in common by several people and one of them wishes to take his share by cutting or breaking it, he is to be prevented, for doing so would destroy their wealth and spoil it. The same ruling applies to a ship jointly owned that is of great value: if it is broken up or sawn apart, most of its value is lost. The verdict concerning a mushaf (copy of the Quran), a sword, a coat of mail, a table, a large dish, a chest, a bed, a door, a sandal, a bow, and similar items held in common is identical (1) to what we have just stated about the pearl.

753 — They unanimously hold that when a house or a piece of land can be divided and the partners call for its division, dividing it among them is obligatory.

754 — The scholars we rely upon also unanimously maintain that if a group comes to the judge of any town with land, a house, or other property in their possession, produce testimony that they own it, and ask him to order its division, then—provided the item admits of division—dividing it among them is incumbent.