Muwatta Malik (Yahya)

Imam Malik, may Allah have mercy on him, said that if a person dies and leaves behind rain-fed and well-irrigated lands, then the rain-fed land will not be combined with the well-irrigated land for distribution; rather, they will be distributed separately (because the tithe for rain-fed land is one-tenth of the produce, and for well-irrigated land it is one-twentieth of the produce). However, if all the heirs agree to combine and distribute them together, then they may be combined and distributed. As for rain-fed land and land irrigated by a pond or canal, they may be combined and distributed (because their flow is the same, i.e., the tithe for both types of land is one-tenth of the produce). Similarly, if there are goods of the same kind in one place and they resemble each other, then the value of each item will be assessed and distributed together. The same ruling applies to houses and homes.

It is narrated from Thawr bin Zayd Daili that the Messenger of Allah, peace and blessings be upon him, said: "Any land or house that was divided in the time of ignorance will remain as it is, but any house or land that was not divided until the time of Islam will be divided according to the rules of Islam."

It is narrated from Thawr bin Zayd Daili that the Messenger of Allah, peace and blessings be upon him, said: "Any land or house that was divided in the time of ignorance will remain as it is, but any house or land that was not divided until the time of Islam will be divided according to the rules of Islam."

Imam Malik, may Allah have mercy on him, said that if a person dies and leaves behind rain-fed and well-irrigated lands, then the rain-fed land will not be combined with the well-irrigated land for distribution; rather, they will be distributed separately (because the tithe for rain-fed land is one-tenth of the produce, and for well-irrigated land it is one-twentieth of the produce). However, if all the heirs agree to combine and distribute them together, then they may be combined and distributed. As for rain-fed land and land irrigated by a pond or canal, they may be combined and distributed (because their flow is the same, i.e., the tithe for both types of land is one-tenth of the produce). Similarly, if there are goods of the same kind in one place and they resemble each other, then the value of each item will be assessed and distributed together. The same ruling applies to houses and homes.