Can a co-owner exercising pre-emption limit their claim to a portion of what the first claimant took entirely?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the first claimant takes the entire share via pre-emption (shuf'a), and the second claimant arrives stating they will only take their own fractional share and not half of what remains (i.e., they limit themselves to their original share), this is permissible. This is because the second claimant is limiting themselves to a part of their right, and this action does not constitute splitting the transaction (tab'eed al-safqa) for the buyer, making it valid, similar to completely relinquishing the right.