What is the ruling on the validity of a property division if the resulting share for one party lacks an access route (tariq)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If, upon division of a house, the access route falls entirely within one party's share, and the other party's share is left without access, the division is voidable. This is because division necessitates equality in value, and a share without access has negligible value, thus failing to achieve equitable distribution. Furthermore, a precondition for legally compelling division is that what each party receives must be usable, which is not the case for a land parcel without access. However, if the party knowingly and willingly accepted the inaccessible share, the division is valid because a consensual division is treated as a sale, and such a purchase is permissible.
Supporting text
The ruling regarding the established water flow applies analogously: the access route remains in the other share unless there was an explicit condition to divert it.