Maliks Muwatta Book 36, Hadith Number 36.

Section : Judgement on Division of Properties.

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, “Un-irrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Un-irrigated 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.”