Does a mukatab have the right to claim preemption (shuf'ah)?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

The mukatab has the right to claim and exercise preemption because it is a form of purchase. If the purchaser of the shared property (shaqs) is the master, the mukatab may take it from him, as he is permitted to buy from his master. If the mukatab purchases a share in property jointly owned by his master, the master may take it from the mukatab via preemption because the mukatab is treated as a non-relative (ajnabi) in matters of buying and selling concerning his master.