Is compulsory partition enforced for land containing fruit-bearing trees, vines, or buildings?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If there is one piece of land that can be partitioned while satisfying the mandatory conditions, the reluctant party is compelled to partition it, whether it is vacant or contains trees and buildings. If the land has diverse palms, vines, or buildings, and one partner demands partition of each item separately while the other demands overall partition by appraised value, partitioning each item separately is prioritized if equalization between the partners concerning good and bad portions is possible.
Supporting text
If equalization of good and bad quality is impossible without resulting in a situation necessitating appraised value adjustment, then partition by value is enforced, compelling the reluctant party. Al-Shafi'i holds a view where the reluctant party is not compelled in cases where equalization by measure is impossible.