and there is no harm in its division, the one who refuses shall be compelled to the division, and some of the dwellings shall be separated from others, even if the dwellings are numerous. If there are two houses, or two inns, or more between them, and one of them requests to consolidate his share in one of the two houses, or one of the two inns, and make the remainder a share, the one who refuses shall not be compelled. This is the position of Al-Shāfiʿī. Abū Yūsuf and Muḥammad said: If the judge sees fit to do so, he may act accordingly, whether they are close to each other or far apart, because it is more beneficial and equitable. Mālik said: If they are adjacent, the one who refuses shall be compelled to it, because the benefit of two adjacent [properties] is close, unlike two distant ones. [Abū Ḥanīfah said: If one of them blocked the other, the one who refuses shall be compelled,] and otherwise not, because they are treated as a single house. Our argument is that it is a transfer of his right from one property to another, so he shall not be compelled to it, just like [properties] that are separate in ownership, and just as if it did not block it, according to Abū Ḥanīfah, and just as if they were a house and a shop, according to Abū Yūsuf and Muḥammad—and the ruling on shops is like the ruling on houses—and just as if it had small pillars such that it is not possible to divide each one of them individually, the one who refuses to divide them shall not be compelled.

Section: If there is a single plot of land between them that can be divided, and the conditions we have mentioned are met, the one who refuses shall be compelled to divide it, whether it is vacant or contains trees and buildings. If it contains date palms, grapevines, various trees, and buildings, and one of them requests the division of each entity separately, while the other requests the division of the whole by balancing it according to value, Abū al-Khaṭṭāb said: Each entity shall be divided separately, as shall every divisible item, if it is possible to achieve equality between the two partners in its good and bad quality, it is better.