Translation:Shulchan Aruch/Choshen Mishpat/173

Paragraph 1- If partners wanted to divide property that does not have the status of intended to be divided, they would divide, notwithstanding the fact that their names would not be used in reference to the property. With respect to holy writings, which refers to the 24 books that are written on parchment like our Torah scrolls, they cannot be divided if they are on one roll because it is degrading to the books to divide them from one roll, notwithstanding the fact that had the books belonged to one individual he would be permitted to divide them. If they are on two rolls and are two different topics there is no rule of “you set the price or I will.” If they are the same topic we would say “you set the price or I will.” See above 171:13.

Paragraph 2- If they divided with a lottery, once the lottery has been drawn for one of them, the division is effective for all of them. The Rosh writes, however, that a lottery does not effect a kinyan. It merely clarifies the division and if one party takes possession of his portion, the division would then be effective. See earlier 157:2.

Paragraph 3- When brothers divide they have the status of purchasers and neither of them will have rights against the other for a path, ladder, window or water channel because once they divide no one has any rights in the portion of another, even if they had rights before the division. The same applies to individuals that purchased a field together and divided. Neither of them will have any rights in the other’s portion. If two individuals purchased a field from two sellers or two brothers where the portion of each was known and the sellers had rights to these damages, however, neither of the buyers can stop the water channel or modify any of the damages that the sellers had rights to. If two individuals divided a courtyard and a well of flowing water was in one of their portions and the second party had rights to use it and the well was ruined, both parties have a duty to repair it. If the well fell, the rights of the second party to use the path to draw water no longer exists but the actual area of the well still belongs to both parties. If they divided and the well originally only belonged to one party but he gave permission to the other to draw water from there, however, once the well falls the other party’s rights would be completely void and he would have no further rights in the well, even if the owner subsequently rebuilt it.

Paragraph 4- If brothers divided property and one of them received a vineyard and the other received a grain-field, the owner of the vineyard will have the rights to four amos in the grain-field to be able to turn his plow.