Does a change in price during the option period affect the right of preemption (Shufa)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemption holder (Shafi') is entitled to acquire the property at the price established in the contract. If the contracting parties alter the price by increase or decrease during the period of option (khiyar), this alteration is established concerning the Shafi'. This is because the right of preemption is established only when the contract is finalized, and the entitlement is based on the price fixed at the moment of entitlement. The option period is treated as being equivalent to the state of the contract itself, and changes during this time append to the contract because both parties have the choice to approve or void the transaction, similar to the state during the initial contract formation.