He was asked:
A village formed part of a man’s land grant. It was taken from him and then granted to two others, after its farmers had sown its lands using produce belonging to the original grantee. One of the two new grantees then requested that his share of the growing crop be partitioned off. Is this permissible, and is such a partition valid? Must the estate remain undivided until the yield is divided, with everyone entitled to a share receiving his due from the entire yield? Or may it be partitioned before the crop ripens?
He answered:
If the other partners’ shares are not diminished, whether in the land or in the crop, they must agree to the request for a partition that causes them no harm. If, however, this would cause harm by diminishing their shares through partition, harm is not to be removed by inflicting harm. Rather, if what is received in exchange for the property to be partitioned can be divided without harm, that should be done.