be peace—
“Then he drew lots and was among those who lost.” [al-Sāffāt: 141]
And in the account of Mary:
“You were not with them when they cast their pens to determine which of them should be Mary’s guardian, nor were you with them when they disputed.” [Āl ‘Imrān: 44]
As for the Sunnah, it is related that “a man emancipated six slaves of his at the time of his death. The Messenger of Allah, may Allah bless him and grant him peace, drew lots among them and freed one-third of those slaves.” He also said, may Allah bless him and grant him peace: “If people knew the reward of making the call to prayer and standing in the first row, and could find no way to obtain these except by drawing lots, they would draw lots.”
The Messenger of Allah, may Allah bless him and grant him peace, drew lots among the slaves for emancipation only to divide them between the deceased and his heirs, assigning one-third to the deceased and two-thirds to the heirs. This provides a sound basis for judicial partition by drawing lots where movable or immovable assets are equivalent or of the same kind. Whatever may be imposed by judicial ruling may also be agreed upon voluntarily without such a ruling. Success comes from Allah.
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For purposes of partition, the assets themselves fall into three categories: goods measured by volume or weight; animals and movable goods; and buildings and landed property.
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Goods measured by volume or weight must consist either of a single kind or of two or more kinds.
If they consist of a single kind, they must likewise form either a single heap or two or more heaps. If they form a single heap, there is no disagreement that it must be divided equitably by volume or weight when any co-owner requests this. Nor is there any disagreement that it may be divided either equitably by volume or weight or into manifestly unequal portions, whether it is a commodity for which unequal exchanges are permissible or storable food for which unequal exchanges are prohibited. All of this may be done using a measure whose capacity is known or unknown, or a balance weight whose weight is known or unknown. There is likewise no disagreement that dividing it in bulk