Inequality in the partition of land

Question

A father has five sons. When they separated, the land too was divided among them in equal shares. In terms of the village land-records clerk’s paperwork the division was not made, and the government land-record account remained one for all of them. When the consolidation of landholdings began, these five children wrote an application and gave it to the land-records clerk, asking that everyone’s land-record account be separated.

Answer

All the brothers are equally entitled, so each one should receive an equal share: [ar]لأن مطلق الشركة يقتضي التسوية[/ar] “for partnership as such (without stipulation) requires equality.”

Source: Fatawa Mahmudiyya

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