Can one co-owner compel the other to consolidate their share into fewer units when partitioning multiple properties like houses or inns?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If there are two houses or inns, and one owner demands consolidating their share into one property while leaving the rest as a separate share, the reluctant party is not compelled. This is the view of Al-Shafi'i.
Supporting text
Abu Yusuf and Muhammad permit this if the judge deems it beneficial and more equitable, regardless of proximity. Malik requires compulsion only if the properties are adjacent, as their benefits are closer. Abu Hanifa requires compulsion if one property effectively 'blocks' the other, making them akin to a single house.