he is not entitled to that. Rather, the estate is divided for him together with his brothers, and the brothers’ portion is taken in one place: one-third for the uterine brothers and one-eighth for the wives.
If two partners disagree about how the lots should be drawn—one insisting on drawing lots over one section of the property while the other prefers a different section—then lots are first cast between those two sections; whichever section the lot falls upon is the one within which the individual shares are then apportioned.
When the property consists of orchards planted with different varieties, or land, or separate vineyard plots, or gardens whose values are unequal, each parcel is appraised and any excess in value over the others is established. Only after that appraisal are lots drawn, for lots may not be used until the parcels have been equalized in value. If the values remain uneven, the difference is balanced by adding other property or by cash.
Anyone who has inherited from more than one deceased, or who possesses several shares through purchase or otherwise, has all his portions consolidated in a single location; he may not refuse this, nor may his partners prevent it. Likewise, if someone entitled to one or two shares wishes to take his right in two separate places, he is not allowed to do so; his entire entitlement is collected in one spot.
If a house contains rooms of different worth, it is first assessed and equalized, then the lots are drawn—unless the owners mutually agree to choose among themselves. After the rooms, their upper floors and lower floors, have been equalized by valuation and divided by drawing lots according to those valuations, anyone who has received more than his due must reimburse his partners with whatever amount is owed to each of them.
When the items to be divided are of mixed categories, drawing lots is not permissible until they have been classified so that they are all land, or all houses, or all slaves, or all garments; one may not draw lots over a slave and a house together. Once a lot has been assigned, it is binding on its recipient, and he may not refuse to accept it.
If the structure of a house is divided while its courtyard is left undivided for the partners’ common benefit—unless