Is pre-emption (shufa'a) applicable when a wife seeks divorce in exchange for half a house?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
The divorce agreement (khul') upon half a house is valid. Pre-emption is not applicable because the consideration is for something without defined monetary value. The justification is that enforcing pre-emption would mean evaluating the wife's chastity (bud') in favor of a third party, and the chastity cannot be evaluated for anyone other than the husband. Furthermore, the husband acquires the portion of the property in a single transaction from a single person, precluding the pre-emptor from taking only a part, similar to a purchase made for a single price.
Supporting text
It is argued that pre-emption is applicable because the consideration (half a house) has a value. If pre-emption applies, there are two differing opinions on whether the pre-emptor takes the property at its valuation or at the value equivalent to the dower (mahr).