Is the division (*qismah*) of commodities subject to the rules of sale?

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The division of measured goods by weight, weighed goods by measure, estimation of fruits by conjecture (*kharṣ*), and the division of items whose exchange by sale is forbidden, are all permissible because division is the setting aside (*ifrāz*) of a right, and it is not a sale. This is evidenced by the consideration of the equality of shares, the inclusion of casting lots (*qurʿah*), its finality upon casting lots, and the compulsory nature of division. Furthermore, division does not require the wording of a sale or transfer of ownership, is not subject to the option of revocation (*khiyār*), is only valid up to the extent of the jointly held rights, is not subject to pre-emption (*shufʿah*), and possesses its own distinct name. This difference in rules and names indicates a difference between division and sale. The Companions divided spoils by *ḥijāf* (a measure for weight), which was done in the presence of many leading Companions and became widespread without objection, establishing a consensus on this point.