Is this din that one partner can force the other one to do split the chetzer or field etc a din mideorisa or a takanas chachamim and do you know if any rishonim discuss it?
Eli, Usa
Dear Eli,
Both opinions exist. The Mabit in Kiryas Sefer (Shechenim 1) learns that it is d'Oraisa. The Rosh (Teshuvos 98:7) appears to explain that it is mid'Rabanan. From the Rashba (Teshuvos 1:956, 2:241) it seems that the right of splitting generally is d'Oraisa and prohibiting splitting when the item is too small is mid'Rabanan. See Chazon Ish (Bava Basra 6:17, 8:1). See more in Mesivta edition, Bava Basra, in Yalkut Rishonim, DH Tzarich she'Yiheyeh, and DH Hasam she'Ein, pages 164-165 and footnotes 43-50.
All the best,
Reuven Weiner