Is a co-owner of a shared open courtyard (*arasa*) obligated to agree to a division of the courtyard lengthwise?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If co-owners agree to divide a shared courtyard lengthwise (each taking half the length along the entire width), this is permissible. If they disagree, the dissenting party is compelled to accept the division. This is supported by the majority of our companions and is the view of Al-Shafi'i, because such a division causes no harm. Upon division, lots are drawn, and each owner is entitled to what the lot determines. If the part is built upon, the matter is settled. If it is unbuilt, each owner may build upon their share, or choose to extend their own dwelling into their portion of the courtyard, or extend their existing wall into their portion of the courtyard.
Supporting text
A potential view holds that the co-owner cannot be forced to divide because the division results in each acquiring exclusive ownership over a portion previously belonging to the partner, which can cause harm. This harm arises because one might choose not to build a wall, leaving the other's property exposed, or might build and prevent the partner from resting beams upon it, which is harm the Lawgiver does not enforce by compulsion.