Priority when the preemption holder has made a claim versus when they have not made a claim concerning a share subject to preemption and subsequent rescission by the seller.
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the preemption holder has demanded their right (tālib bi-sh-shuf'a), then the preemption holder is prioritized because their right is confirmed by making the demand. If the preemption holder has not made a demand, the seller has priority.
Supporting text
Among the companions of Imam Shafi'i, there are two opinions mirroring the first two primary opinions discussed. A third opinion among them suggests that the sale price should be taken by the preemption holder, thus granting the share to the seller, as a means of balancing both rights. This is because the preemption holder desires the share itself, while the seller desires the price. This third opinion is deemed weak because the seller's right was established over the physical property (al-'ayn), and when the issue shifts to the obligation of the price, that obligation falls upon the seller's debt (dhimmah), thus equating the seller with general creditors.