Is compulsory partition applicable to a single type of animal, such as slaves (Raqiq)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The partition of a single type of animal is permissible. Al-Shafi'i, Abu Yusuf, and Muhammad hold this view. The Prophet's division of slaves freed by the Ansari man during his final illness into three parts serves as evidence. Since animals are a type of property amenable to valuation, their partition is valid, similar to other animals.
Supporting text
Abu Hanifa argues that slaves should not be compulsorily partitioned because their utility differs greatly, focusing on intellect, religion, and astuteness, which cannot be perfectly equalized through appraisal. This argument is invalid because valuation reconciles such differences, as with other diverse items.