Is partition compulsory for co-owners of textiles, animals, vessels, wood, poles, or stones?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If co-owners agree on the partition of items like textiles, animals, vessels, wood, poles, or stones, it is permissible, drawing analogy from the Prophet's division of spoils from Badr and Khaybar, which contained various types of assets. If one partner demands partitioning each distinct type separately, and the other demands partition by appraised value, the claim for partitioning each type separately is prioritized if feasible.
Supporting text
If partition requires giving compensation from a non-like item, or if dividing a cloth or breaking a vessel causes defect, the reluctant party is not compelled. If partition of each type separately is possible without harm or exchange of compensation, the reluctant party is compelled according to Al-Qadi, which aligns with a view from Al-Shafi'i's school. Some scholars suggest no compulsion exists, equating it to partitioning houses.