Our colleagues have mentioned that the school's position is that the one refusing [the division] shall not be compelled to divide, due to the Prophet's (peace and blessings of Allah be upon him) prohibition against the wasting of wealth, and because the request for division from the party being harmed is foolishness (safah), and it is not obligatory to respond to him in matters of foolishness. Al-Sharīf said: Whenever one of them [is harmed, the division is not mandatory. Abū Ḥanīfah said: Whenever one of them] benefits from it, it becomes mandatory. Al-Shāfiʿī said: If the requester benefits from it, it is mandatory; but if the requester is harmed by it, there are two views. Mālik said: It is mandatory in all cases. If there were a house between three people, one of them owning half, and the other two owning the other half, each owning a quarter, and if it were divided, each of them would be harmed, but the owner of the half would not be harmed. If the owner of the half requested the division, his request must be granted because it is possible to divide it into two halves, such that their right becomes a house for them, and he receives the half; thus, neither of them would be harmed. It is possible that it is not mandatory to grant them the request because each of them is harmed by the segregation of his share. [If they both requested the partition, and the owner of the half refused, he shall be compelled; because there is no harm upon any of them. If they both requested the segregation of the share of each of them, or one of them requested the segregation of his share], the division is not mandatory according to the analogy of the school; because it is causing harm to the requester and is foolishness. According to the view we have mentioned, the division is mandatory; because there is no harm upon the party requested to perform it. The second state, where neither of them is compelled to divide, is when one of the three conditions is absent; thus, division is not permissible except by their mutual consent. This is called 'the division of consent' (qismat al-tarāḍī), and it is permissible even if all conditions are absent, because it is in the position of a sale and exchange, and the sale of such is permissible.

Section: If there is a house between two people, including its ground floor and upper floor, and they both request the division of it, you examine: if one of them requests the division of the ground floor and the upper floor between them, and there is no harm in that, the other shall be compelled to it. Because the building on the land is treated in the same manner as plantings, it follows it in sale and pre-emption (shufʿah). Then, if he requested the division of