In the name of Allah, the Most Merciful, the Compassionate. May Allah bless our master Muhammad and his family.

Book of Partition
Chapter: The Division of Lands and Buildings

Division is of two kinds only—there is no third: by drawing lots or by mutual consent. Drawing lots is resorted to solely when the property concerned is of one kind, lies close together, is not scattered, and its shares can be balanced with precision by someone qualified to do so.

Mutual consent means that the parties agree for one of them to take a particular item and the other to take its counterpart, in a manner comparable to a sale. This is valid only when the owners are legally competent to dispose of their property.

As for goods sold by measure or by weight, drawing lots is unnecessary.

According to the established practice reported from Malik, when the owners of land, vineyards, buildings, orchards, or houses wish to divide them, the first consideration is whether the properties are contiguous