or are situated close to one another and are alike in quality—good or bad—then the portion of each co-owner is gathered in a single spot.
But if the parcels are far apart, each person is allotted a share in every area and his entire entitlement is not concentrated in one place.
Whether the individual plots are equal in value or differ does not matter, so long as they are scattered and their locations vary in desirability.
If, however, the houses happen to be equally sought after and command similar prices because their locations are alike, it is permissible to combine some of them by value.
When the land itself is of different kinds—part of it irrigated by a water-wheel, part nourished by a natural spring, and part dependent on rainfall—each orchard is divided on its own.
Yet if all of it is of one type, the plots lie close together, and they are equally coveted or disdained, they may be grouped in the division, and the objection of any partner is disregarded; the judge exercises discretion in such matters.
All that has been mentioned relates to division by drawing lots and by equalization. There is no resort to lots in goods sold by measure or by weight.
As for division based on mutual consent and choice, the partners may portion the property however they wish, whether the items differ greatly or are much the same.
Houses and other divisible properties are allocated as one share or several shares unless heirs with fixed Qurʾānic portions are present together with agnates, or those with fixed portions together with other heirs.
If the lot that is drawn belongs to the person entitled to the largest share, property contiguous to it is added until his entitlement is fulfilled.
If, instead, the lot falls to a partner whose share precisely matches that amount, he takes it, and lots are then drawn among the remainder until they, too, receive their due.
If the heirs include people of fixed portions or agnates—such as maternal brothers, wives, and the like—together with agnatic relatives, and one of the brothers, one of the wives, or any agnate wishes to have his own portion set apart without his fellow heirs