Muwatta
Malik
موطأ مالك
36
Judgements
كتاب الأقضية
Chapter 27: Judgement on Division of Properties
Muwatta Malik 1527
Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila (outlying districts of Madina). He said, "Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land, and are close together, each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position."