we would be compelling him to take what is adjacent to his house without a drawing of lots, and this has no parallel. The companions of Al-Shafi'i have two views, similar to these two. Whenever they divide the open space lengthwise, and each of them builds a wall for himself, leaving a gap between them, neither of them is to be compelled to close it, nor is he to be prevented from closing it, because that proceeds in the same manner as building a wall on his own plot of land.

Section: If there is a wall between them, and they agree to divide it lengthwise, it is permitted, and a mark is placed between their respective shares. If they agree to divide it widthwise, our companions said: It is permitted, because the right belongs to both of them and does not exit from them, so it resembles an open space. It is possible that the division is not permitted, because it cannot be achieved except by distinguishing one's share from the other, in such a way that one can benefit from his share without the share of his partner, whereas here it is not distinguished, and it is not possible for one of them to benefit from his share individually. For if he places his rafters on one side of the wall, its weight falls upon the entire wall, and if he opens an archway in it, it weakens it, so it becomes weak as a whole; and if a portion of it falls, the other share is harmed. If one of them requests its division and the other refuses, the Qadi mentioned that the ruling regarding the wall is the same as the ruling regarding its open space, and one is not compelled to divide the wall unless one of them requests its division lengthwise. It is possible that he is not compelled to divide it either, which is one of the two views of the companions of Al-Shafi'i, because if they cut it between them, they have destroyed a part of the wall, and the one who refuses is not compelled to do that, just as if there were a garment between them and one of them requested to cut it. If it is not cut and they place a mark on its middle, the benefit of one of them from his share would be a benefit from the share of the other. The reasoning for the first view is that he is compelled to divide a house and the wall surrounding it, as well as dividing an orchard and its wall, yet he is not compelled to perform a harmful cutting; rather, he marks it with a line between their shares, and that does not necessitate one of them benefiting from the share of the other even if it is connected to it, as evidenced by a common wall between two houses. And Allah knows best.