What is the ruling on one who gives up their superior seat to another person?
General Chapter
Al-Mughni
Book of Friday Prayer
Primary text
If an individual voluntarily relinquishes their superior seat (one preferred for proximity or hearing the sermon) to another person, it is not permissible for a third party to preemptively take that vacated seat. The right to the seat, by the concession (*ithar*) made by the first sitter, transfers to the person being favored, establishing their superior right, similar to claiming unclaimed land or water rights and then conceding that right to another.
Supporting text
Some scholars argue that the person who stood up willingly forfeits their right, leaving the seat open for the next claimant, just as if one widened a path for passage and someone else passed through. However, this is considered less correct because a seat in the mosque is for continuous occupation, and the right of the person who moves for necessity or concession is not voided, unlike a temporary passage on a road.