because that causes no harm. If they divide it, they draw lots, and each of them takes what the lots designate for him. If it is already built upon, then there is no dispute; if it is not built upon, each of them has the right to build on his share. If he wishes to incorporate some of the open space into his house, he may do so, and if he wishes to add to his wall from his portion of the open space, he may do so. It is possible that he cannot be compelled to divide it; for division requires that each of them be exclusively assigned a portion of the wall opposite his partner's property, and the termination of his partner's ownership [in that specific portion], which causes harm. This is because he might not be able to build a wall that conceals his property, and perhaps one of them chooses not to build his wall, leaving the property of each of them exposed, or he might build it and prevent his neighbor from placing his rafters upon it, and this is a harm that the Sharia does not impose through compulsion. If it is said: When it is jointly owned, he is also able to prevent his partner from placing his rafters upon it. We say: If he has an established right to place his rafters upon it, or has a benefit from it, he does not have the authority to prevent him from exercising his established right, whereas here, he has the authority to prevent him completely. As for if he requests to divide it widthwise—which is that each of them is given half the width along the entire length—we examine this: if the open space is not wide enough for two walls, the one who refuses cannot be compelled to divide it. Ibn Aqil chose the view that he is compelled to do so. This is the apparent view of Al-Shafi'i; because it is an open space, so he is compelled to divide it, like the open space of a house. Our evidence is that there is harm in dividing it, so the one who refuses is not compelled to do so, like a small house, and what they have mentioned is refuted by that. But if it is wide enough for two walls, such that each of them obtains enough space to build a wall, then there are two views regarding compelling the one who refuses: One of them is: he is compelled. This was stated by Abu al-Khattab; because there is no harm in the division, as each of them obtains what fulfills his need, so it resembles the open space of a house where each of them obtains enough space to build a house upon. The second view is that he is not compelled. This was mentioned by the Qadi; because in this division, no lots are drawn, for if we were to draw lots between them, we could not be certain that the lots of each would not fall upon the side adjacent to his neighbor's property, in which case he would not benefit from it. So if we were to compel him to divide it,