المعنى الاصطلاحي

Identifying and sorting out shares using certain measurements.

الشرح المختصر

"Qismah" (division) means doing what leads to sorting out rights and separating individual shares from each other after they had been commonly owned by a group of people. Each person/partner is given their full share from the divided object, be it tangible, such as real estate, or a benefit, such as residing in a house. A "miqyās" (measurement method) is used in dividing shares, such as weighing or counting. There are two categories of "qismah": 1. "Qismat a‘yān" (division of tangible objects): These objects could be real estate, such as land, or transferable, such as clothes and cattle. This category has three sub-categories: a) "Qismat ifrāz" (sorting out): "qismah" of tangible objects that are divisible into equal shares or weights, such as grains, meat, etc. It is also called "qismah bil-ajzā’" (division by parts). b) "Qismat ta‘deel" (equivalence): "qismah" of something in terms of value and benefit, not in terms of amount. This is applicable to objects that are of the same kind but of different value and benefits, because the shares can only be equal in value, so a small part could be equal to a large part in value and benefit. For example, two persons own five garments together, but each garment has a different value; one garment could be equal to two garments of the five. In this case, one of the two partners would be given two garments and the other would be given three, and so on. c) "Qismat ar-radd" (return): "qismah" of something whose parts are unequal in themselves or in value and benefit. In this case, the partner who takes the extra share has to return to the other his share in that extra amount. For example, two persons own two cars together. The value of one car is one thousand dollars and the other two thousand dollars. If one partner takes the 2000-dollar car, he has to return five hundred dollars to the other partner so that they end up with equal shares. 2. "Qismat al-manāfi‘" (division of benefits), such as residing in a house or using a car. It is also known as "qismat al-muhāya’ah" (usufruct). It is done by agreement of the two partners; for example: they agree to take turns in residing in a house, each for a week, or that each partner resides in a certain part of the house.

التعريف اللغوي المختصر

"Qismah": dividing something into parts or shares to each one.