He—may Allah have mercy on him—was asked:

“A man owns ten out of twenty-four shares in an orchard jointly owned with a mentally impaired person whose management of his property has been restricted by the judge. The orchard is amenable to partition. May the judge carry out the partition on his behalf? Must money from it also be spent on its upkeep?”

He replied:

“If it is amenable to partition and the co-owner requests partition, the judge must grant his request, even if the other co-owner is competent to manage his affairs. How much more so, then, if he is under legal restriction?

“If it is not amenable to partition other than compulsory partition, the judge may carry out the partition on behalf of the person under legal restriction if he considers it to be in his interest.

“If the co-owner requests either partition or upkeep, the judge may grant either of these requests.”