Does apostasy or death of a buyer after purchasing a property nullify the right of preemption (Shuf'a)?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

The right of preemption is established upon the initial purchase of the property (*shaqṣ*). If the buyer subsequently apostatizes (commits *irtidād*) and is subsequently killed or dies, the preempter retains the right to claim the property through preemption. This is because the transfer of ownership due to apostasy and subsequent loss of property to the Muslims (or to the public treasury (*Bayt al-Māl*) if there are no heirs) does not extinguish the right of preemption that was already established by the sale. The claimant of preemption acts as the agent of the public treasury in such cases, similar to when a Muslim buyer dies, and his heirs inherit the property.