How is the expense of property division shared between partners when one demands it?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The expense of division is shared between the partners, even if one of them initiated the request for division. This is the position of Abu Yusuf, Muhammad, and Al-Shafi'i.
Supporting text
Abu Hanifa held that the expense falls upon the partner demanding the division because it is a right belonging to them. The supporting reasoning is that the fee becomes obligatory upon the segregation of the shares, and in this segregation, the partners are equal; therefore, the fee should be incumbent upon both, similar to when they agree upon it mutually.