disagreement among scholars on this general principle. They differ only over its details: which property is divisible and how divisible property is to be partitioned, as we shall explain, Allah willing.

Section

Partition concerns two things:
First: the property itself.
Second: its usufruct.

Partition of the property itself takes three forms:
Partition by drawing lots after valuation and adjustment of the shares.
Partition by mutual consent after adjustment of the shares and valuation.
Partition by mutual consent without valuation or adjustment of the shares.
Each of these three forms has rulings peculiar to it.

Partition by drawing lots after adjustment of the shares and valuation is the form that a court orders and compels an unwilling co-owner to accept when the property is divisible. It is valid only for real estate, livestock and goods that are alike or of the same kind, not for dissimilar property of different kinds, nor for anything measured by volume or weight. Nor may the shares of two co-owners be combined into a single allotment. Redress must be granted for any proven shortfall in a co-owner’s share, since each co-owner accepted the partition on the basis of an assessed value and specified measurements. If either finds a deficiency in these, he is entitled to redress.

Partition by mutual consent after valuation and adjustment of the shares is valid for property of a single kind, for property of different, dissimilar kinds, and for goods measured by volume or weight—except where these consist of a single kind of storable commodity for which unequal exchanges are prohibited. In this form of partition too, whenever a shortfall in measurement or value becomes apparent, the disadvantaged party is entitled to redress, for the reason already given. Likewise, partition by mutual consent and agreed apportionment