As for when one of them requests the division and the other refuses, there are two situations. One is that the one who refuses is compelled to divide, and this is when three conditions are met. First, that their ownership is proven to the judge by evidence, because compelling a division constitutes a ruling against the one who refuses, and therefore it is not established except by the same means through which ownership is established against his opponent, unlike in the case of mutual consent, for in that case he does not rule against either of them, but rather divides based on their statements and consent. The second condition is that there be no harm involved in it. If there is harm, the one who refuses shall not be compelled, according to the saying of the Prophet (peace and blessings of Allah be upon him): "There shall be no harm and no reciprocated harm." Narrated by Ibn Mājah, and narrated by Mālik in his "Muwaṭṭaʾ" as a mursal report. In one wording, the Messenger of Allah (peace and blessings of Allah be upon him) decreed that there shall be no harm and no reciprocated harm. The third condition is that it is possible to adjust the portions without needing to include anything else with them. If that is not possible, the one who refuses is not compelled, because it becomes a sale, and neither of the two contracting parties can be compelled to sell. An example of this is land worth one hundred that contains a tree or a well worth two hundred. If the land is made one portion, it would be a third [of the value], so it would be necessary to include fifty with it, which the one who does not receive the well or tree must pay back to the other, so that they both become two equal halves. This involves a sale; do you not see that the one who takes the land has sold his share of the tree or well for the price he received? And one cannot be compelled to sell, according to the words of Allah the Exalted: "...except through trade by mutual consent among you." Therefore, if the three conditions are met, the one who refuses shall be compelled to divide, because it involves removing the harm of partnership from them and achieving benefit for them; for when each one's share is distinguished, he may dispose of it according to his choice, and he is able to initiate planting, building, farming, irrigation, leasing, and lending, and he cannot do that while there is partnership, so it was necessary to compel the other to do it, according to his (peace and blessings of Allah be upon him) saying: "There shall be no harm and no reciprocated harm."