Under what conditions is a reluctant co-owner compelled to partition property?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
A reluctant co-owner is compelled to partition when three conditions are met: first, their ownership must be established before the judge by evidence, as compulsion involves a ruling against the reluctant party. Second, the partition must cause no harm (darar), as the Prophet established the rule 'No harm, no inflicting harm.' Third, the shares must be equatable without requiring external compensation (radd 'iwad), otherwise, the act becomes a sale, to which no party can be compelled.
Supporting text
There is a difference of opinion regarding what constitutes harm preventing partition. One view is that harm occurs when one cannot utilize their share individually as they could when in partnership, such as receiving an unusable narrow space in a small house. Another view, attributed to Ahmad, is that harm is present if the value of the share decreases upon partition compared to the partnership state, even if the divided share is usable.