between this and a forecourt situated among people’s houses away from the road; the same difference of opinion applies to it by analogy. Success comes from Allah.

Section

If two co-owners partition a house without stipulating that they will erect a barrier between them, they cannot be judicially compelled to do so. The one who requests it is told, “If you wish to screen yourself off, do so within your own share.” If they stipulate this without specifying its dimensions, half the ground occupied by the wall is taken from each party’s share, even if one party’s share is smaller than the other’s. Likewise, they bear the expense equally until the wall reaches a height sufficient to provide privacy, unless they have specified otherwise. I know of no disagreement on this. They differed only concerning the partitioner’s fee: one view is that it is apportioned according to the number of persons, and another that it is apportioned according to the size of their shares. Both views are reported from Ibn al-Qāsim.

Section

A judge may not order the partition of real property among heirs until they establish before him the death, the number of heirs, and that the property belonged to the deceased and, to the witnesses’ knowledge, remained his without being alienated until his death. Likewise, he may not order partition among co-owners until they establish their ownership before him. Success comes from Allah.

Section

As for the division of usufruct, according to Ibn al-Qāsim’s position it may not be effected by drawing lots, nor may anyone who refuses it be compelled to accept it. It may take place only by mutual consent and an agreed allocation of use. This takes two forms:

The first is allocation by periods of time.

The second is allocation by specific assets.

Section

As for allocation by periods of time, this is where the two parties agree that one of them will derive income from the slave or animal, employ the slave’s services, ride the animal, reside in the house, or cultivate the land for a period of time,