How is the compensation value determined if the pre-emptor chooses to pay for the planting and construction instead of demanding their removal?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

The manner of determining the value requires the land to be assessed with the planting and construction present, and then assessed empty of them; the difference constitutes the value of the planting and construction. The pre-emptor pays this amount to the purchaser if the purchaser agrees to leave them, or the amount of the resulting defect if the pre-emptor chooses removal. This procedure ensures the payment covers only what was added by the structures. Alternatively, the value of the planting and construction could be assessed as if they are permitted to remain in the land for a rental fee, or to be bought out if removal is refused.

Supporting text

If the planted item has a specific time for uprooting, and the pre-emptor chooses to uproot it before that time, he is allowed to do so, provided he compensates for the resulting defect, thus fulfilling the obligation to cover the purchaser's loss regardless of whether the defect is substantial or minor.