Is the partition of measurable goods (Makilat and Mawzunat) permissible?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The partition of measurable goods, whether foodstuffs or other commodities such as grains, fruits, lime, soapwort, iron, lead, liquids like juice, vinegar, milk, honey, ghee, molasses, oil, or syrup, is permissible. This is indicated by the permissibility of partitioning land despite its differences. The ruling holds whether partition is considered a sale or mere segregation of right, as both are permissible.
Supporting text
If the shared items consist of different types (e.g., wheat and barley), the party requesting partition of each type separately compels the reluctant party. However, if one requests partition by appraised value (object for object evaluated), the reluctant party is not compelled, as this constitutes a sale of one type for another, not a partition.