Is a co-owner's right of preemption (Shufa) voided if the claimant delays demanding possession outside the seller's town?

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 void if the claimant meets the seller outside the seller's town and refrains from demanding possession, claiming he deferred the demand to pursue it in the town of the sale, the location of the sold property, or the location where he can take his share. This is because such delay is not a valid excuse for withholding the demand, as the claim does not depend on receiving the share nor on being present in that specific town. The right lapses due to failure to act immediately.