the courtyard, once divided, would give every group a portion from which it could derive benefit, in which case its partition is permissible; or unless each shareholder can open a doorway from his allotted share onto the courtyard, in which case dividing it is likewise permitted.

If the dwelling‐rooms have already been distributed while the courtyard was left undivided as a courtesy to the partners, and they then wish to apportion it, Malik’s view is reported in two ways: on one occasion he allowed them to divide it, while on another he said that it should remain intact as a shared convenience.

Ibn Wahb transmitted a concise clarification from Malik: when a house composed of several rooms is divided and its courtyard left undivided, then later they wish to split the courtyard, the ruling depends on the rooms themselves. If the rooms lack enclosing walls, they may partition the courtyard so that each can build a screen around his rooms. But if the divided rooms already possess such walls to shield them, and the courtyard serves as the place where their camels kneel and as their common facility, then that courtyard is not to be divided.

The surveyor may not lump the shares of two or three persons into a single lot without their consent; instead, he must allocate each person’s right separately. Any partner in a house or a tract of land who requests partition is entitled to it; if the others refuse, they are compelled to divide so that each receives his due, whether the request comes from one partner or from several.

Should the compound (rubuʿ) be so small that it cannot be physically divided in a way that leaves any partner with something usable, Malik nevertheless allowed its partition at the request of the one who called for it. A room, a shop, a bathhouse, or a house may all be partitioned even if some partners end up with shares that are of no practical use to them; Malik’s opinion on this point did not vary. A group of his companions in Medina, including Ibn Kinanah, agreed with him, whereas most of his other pupils disagreed with him on this matter.