How is compulsory partition executed when shares are equal in area but differ in value, or vice versa?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 17 · Bab 1

Open in Qurani

Primary text

When shares are equal in area but differ in value, the land is adjusted by value, creating equal shares in value, and lots are cast to assign the shares. When shares are unequal in area but equal in value, the land is divided into shares according to the smallest existing share, and lots are cast based on the owners' proportional holdings. The casting of lots (Qur'ah) in compulsory partition is decisive and binding, similar to the judge's ruling.

Supporting text

When both area and value differ, the Qasim adjusts the areas by value to create equal value shares, and lots are cast for assignment, similar to the case where areas are equal but values differ.