Is the buyer's disposition of property via endowment (Waqf), gift (Hiba), or mortgage voidable by the pre-emptive claimant (Shufi)?

Primary text

The pre-emptive claimant possesses the right to annul a subsequent disposition such as an endowment, gift, or mortgage made by the purchaser, provided that the disposition itself does not necessitate the right of pre-emption. The claimant takes the property for the price established in the original sale. This is the position held by Abu Bakr, Malik, Al-Shafi'i, and the Ashab al-Ra'y (Hanafi scholars). Their evidence rests on the principle that if the claimant can annul subsequent sales, they certainly possess the right to annul a contract, such as an endowment or gift, against which pre-emption cannot be enacted. Furthermore, the right of the claimant precedes the purchaser's right, and the claimant's claim is stronger, thus the purchaser cannot engage in an action that invalidates the claimant's right. Annulment of an endowment is permissible for the sake of another's right, similar to a sick person endowing property while owing debt; upon death, the endowment is returned to creditors and heirs beyond the one-third limit, and annulment of emancipation is permissible, making annulment of endowment more fitting.