bringing out the shares for the names. If he brings out the names for the shares, he writes on each slip the name of each of the partners, and they are left in clay pellets or wax of equal size and weight, and they are left in the lap of someone who is not present at the partition. It is said to him: "Bring out a pellet for this share." When he brings it out, that share is for the one whose name came out in the pellet. Then he brings out another for another share, and so on, until the last one remains, which is then assigned to the one who remains. If he chooses to bring out the shares for the names, he writes the names of the shares on the slips; he writes on a slip "the first [part] from the side of such and such," and on another "the second," until he has written all six. Then he brings out the slip for a specific person, and he gets the share that is on the slip. He does this until the last one remains, which is assigned to the one who remains. Abū Bakr mentioned that the pellets should be made of clay and placed in water, and one person is appointed. Whichever pellet the clay dissolves from, and its slip comes out onto the water, it is for him, and likewise for the second, third, and those after them. If two come out together, the lot-drawing is repeated. The first method is better and easier.
The second category is that the shares are congruent and the value is different. In this case, the land is balanced by value, and it is made into six shares of equal value. The same procedure as mentioned before for bringing out the shares is performed, with no difference between them except that the balancing there was done by the shares, while here it is by value.
The third category is that the value is equal and the shares are different; such as land between three people, one having half, another having a third, and the other having a sixth, and its parts are of equal value. It is made into shares according to the size of the smallest, which is a sixth, so it is made into six shares and balanced by parts. He writes three slips with their names and brings out a slip for the first share. If it comes out for the owner of the sixth, he takes it. Then he brings out another for the second. If it comes out for the owner of the third, he takes the second and third, and the remaining three are for the owner of the half without a lot. If the second lot comes out for the owner of the half, he takes the second, third, and fourth, and the fifth and sixth are for the owner of
(3) In [B], the word "each" is added. (4) In [B]: "bi-ruqʿatihā" (with its slip). (5) Omitted from [B] and [M]. (6) In [M]: "wa-al-awwal" (and the first). (7) In [M]: "al-qīma" (the value). (8) Omitted from [M].
