Haneefa and Aboo Toofaf that both houfes lhall be divided feparately.
Mohammed, on the contrary, maintains that they mu ft be divided at
once, as well as the houfes lituated in the fame town.
R o o m s , whether lituated all in the fame quarter, or in different
quarters, muft be divided at once, for the difference amongft them is
inconfiderable. Mandzil Moldzika f that is to fay, adjoining tenements,
or fuch as are in the fame houfe, one part o f them being contiguous
to another,) are conftdered as rooms; whereas, Mandzil Mot-
bayend (which is the term ufed for apartments not adjoining, in
contradiftinfHon to the other,) are confidered as houfes,— a Manzil or
tenement being the middle term betwixt a houfe and a room, and re-
, fembling both.
'If there be a partnerfhip in immoveable property of two fpecies,
fuch as in a houfe and a piece of ground, or in a houfe and a Ihop,
the Kdzee muft divide each feparately, they being of different fpecies.
C H A P . III.
O f the Mode of accompliftiing Partition.
T h e partl-
tioner muft
<draw a plan;
-and muft
make the distribution
equitably by
meafurement
or appraisement.
Partition o f
houfes howac-
complifhed.
I t is'incumbent upon the partitioner to draw on paper a plan-of the
thing whieh he divides, fo that it may remain on his memory.— He
muft 'likewife obferve an equality in the partition, that is to fay, he
muft divide the article into due proportion s;^-and it-is ƒ lfo recorded
that he ought to feparate each lhare and meafu-reit, fo that its extent
may be known. He muft, moreover, appraife the article, as it is requisite,
for his further guidance, that the .value .be afcertained. Sup-
pofing the article to be a houfe, in feparating the (hares he muft alfo
feparate
the road and the drain belonging to it, if poflible, fo that one (hare may
no longer have any conneftion with the other, in order that every
caule of difpute may be terminated, and that the intention o f partition
may be completely accomplilhed. In doing this he muft term
one (hare the fir jl (hare, that which lies next to i t , the fécond, and
that which lies next to it the third (hare, and lo on; and he muft
then write down their names,«; and draw them like.lots; and he that
draws the firft name gets the firft (hare, he that draws the fécond
gets the fécond (hare, and fo on to the end. The article muft, moreover,
be divided into fractions equal to the fmalleft proportion ; that
is to fay, if the fmalleft proportion held by any of the partners or coparceners
be a third, the whole muft be divided into three parts ; or
i f the fmalleft proportion be a fixth, the whole muft be divided into
fix parts; fo that thedivilion may be made accurately. Thus,, i f an
eftate is to be divided betwixt two heirs, the one being the Ion and
the other the daughter, it muft be divided into three lhares, one
termed the fir fi, the next to it the fécond, and the next the third ; and
the partitioner is to write the names upon billets, and caufe them to be
drawn like lots ; and if the fori s name come up firft, he gets the firft
lhare, and the one next to it, and the third goes to the daughter ;—
or, i f the daughter’s name come up firft, (he gets the firft lhare, and
the other two fall to the fon.
T he drawing of lots is propofed in order to give fatisfaftion to
the parties, and to prevent the partitioner from being influenced by
partiality or favour. It is not, however, abfolutely neceflary ; and if
the partitioner chufe to appoint a particular lhare to each, it is valid;
for the making the partition is an aft of magiftracy, and the authority
o f the partitioner muft therefore be enforced.
T he partitioner,. in making a divifion o f landed property, muft
not annex a confideration in dirms or deenars without the concurrence
of the parties ; that, is to lay, i f he .make one lhare lefs than the
V ol. IV. D other,
In the partition
o f landed
property, a
compofition
in money can