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A single garment, a single camel, and similar things may not be divided between two partners unless both agree, because dividing such an item would damage it. The same ruling applies to anything forming a pair whose members cannot serve their purpose independently, such as a pair of sandals, leather socks, or door leaves, and similar things.

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Residential and landed properties may be partitioned by mutual agreement or by lot, provided the shares are apportioned according to value. Scholars are in general agreement on this. Ibn Abī Salama did not maintain here, as he did regarding animals and goods, that they may not be partitioned by lot.

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Houses may not be combined in a partition with orchards or plots of land, nor may orchards be combined with plots of land. Rather, each of these categories must be partitioned separately. Where houses differ in marketability or are situated far apart, there are three opinions on whether they may be combined in a partition. There is likewise disagreement where plots of land differ in fertility and marketability, or in irrigation, as will be explained in the relevant places, Allah Most High willing.

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There is disagreement over partitioning a single house or plot of land among several people. Mālik said that it must be partitioned among them if any one of them requests it, even if each person receives no more than a foot’s breadth, of no use to him. None of his companions agreed with him on this except Ibn Kināna. Ibn al-Mājishūn said that it may not be partitioned unless each person receives a share that can be put to some use. If one person’s share is so small that partition would leave him with something of no benefit