What is the ruling on the binding nature of a division made by an appointed divider?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 2 · Bab 1

Open in Qurani

Primary text

When a divider is appointed by the partners or the judge, and all stipulated conditions are met, the division resulting from the drawing of lots is binding. If some conditions are missing, the division is not binding except through the mutual consent of the partners, as the divider's presence becomes equivalent to their absence.

Supporting text

If partners divide the property themselves and use lots, the division is not binding until they consent to it after the lot drawing, due to the absence of a judge or someone acting in their capacity.