What is the consequence if the preempter (shafi') has already taken the property via preemption when the sale is voided?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the preempter has taken the property through preemption, he is obligated to return what he took to the seller. This obligation requires evidence or a confession from the preempter and the two contracting parties. If the two contracting parties confess and the preempter denies, their confession against him is not accepted, and he retains the right to claim preemption. He must return the slave to its rightful owner, and the seller must seek reimbursement for the value of the portion from the original buyer.
Supporting text
If the two contracting parties confess, but the preempter denies, the preemption right is not established. The buyer must return the value of the slave to its owner, and the portion remains with the buyer, who claims it belongs to the seller (which the seller denies). The seller then claims the obligation to return the slave (which the buyer denies). Consequently, the buyer purchases the portion from the seller, and both parties absolve each other of responsibility (yتبارآن).