Chapter: A Compendium on Division

1. It is permissible to allot the shares of those who are absent on the basis of descriptive specifications.
2. If a person’s absence is prolonged, the judge may effect the division on his behalf, and he may do the same for a minor who has no guardian. The judge need neither await the absentee’s return nor write to him—for not everyone who receives a letter will come—and he divides for the absentee exactly as he would for the minor.
3. A guardian may likewise divide on behalf of a minor, provided that the division secures a benefit and safeguards the minor’s interests.
4. No division may be imposed upon a competent adult without his explicit consent, and if a person’s share of an estate is unknown, it is impermissible to divide against him.
5. Competent adults who manage their own affairs may, whenever they wish, divide property among themselves by mutual agreement, without drawing lots, if they so choose.
6. A small house or a bathhouse may be divided whenever any one of the partners demands it.