What is the ruling if a defect is discovered in one partner's share after the division, provided the defect was unknown prior to the division?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
The affected partner has the right to annul the division or claim compensation for the defect's value because the defect constitutes a reduction in their allocated share, granting them the right similar to that of a buyer in a sale transaction.
Supporting text
There is an alternative view that the division should be entirely voided because equity in valuation is a condition for a valid division, which was not met in this case, unlike in a standard sale transaction.