buyer. As for if they reach a mutual agreement that each of them takes one of the two shares without a lot, it is permissible; because the right belongs to them, and it does not go beyond them. Likewise, if one of them gives the other the choice and he chooses, it becomes binding here by mutual consent and their separation, just as a sale becomes binding.

Section: It is permissible for two partners to divide [the property] themselves, or to come to the ruler (judge) to appoint a partitioner for them who will divide it for them, or to appoint a partitioner themselves to divide it for them. If the ruler appoints a partitioner for them, it is a condition that he be upright (ʿadl), and knowledgeable of arithmetic and partition, so that he may deliver to every person entitled to a right, his right. This is the opinion of al-Shafiʿi, except that he also requires that he be a free man. If they appoint a partitioner between them, and he is of the same caliber as the ruler’s partitioner in terms of uprightness and knowledge, he is equivalent to the ruler’s partitioner regarding the binding nature of his partition via the drawing of lots. If he is an unbeliever, a libertine (fāsiq), or not knowledgeable of partition, his partition is not binding unless they are both satisfied with it, and his existence is as if he did not exist, in regard to the binding nature of the partition. One partitioner is sufficient for that which does not require valuation. If the partition requires valuation, it requires two partitioners; because it is necessary that the valuators be two, and one is not sufficient in valuation. Whenever they appoint a partitioner, or the ruler appoints one, and the conditions are met in him, the partition becomes binding by his drawing of lots. If some of the conditions are lacking in him, the partition is not binding unless they are both satisfied with it; because his existence and his non-existence are one and the same. If they partition it themselves, and draw lots, the partition is not binding unless they are both satisfied with it after the drawing of lots; because there is no ruler between them, nor anyone who stands in his stead.

Section: The Imam is to provide a salary for the partitioner from the Public Treasury (Bayt al-Mal); because this is a matter of public interest, and it has been narrated that ʿAli, may Allah be pleased with him, appointed a partitioner and provided him with a salary from the Public Treasury. If the Imam does not provide him a salary, the ruler says to the two parties: Give the partitioner a fee so that he may divide [the property] between you. Then