How is the distribution managed when a third claimant arrives after the second claimant limits their pre-emption share?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a third claimant arrives, they have the right to take one-third of what the second claimant holds, which is then added to what the first claimant holds. They then divide the total equally between themselves (the first and third claimants). For example, if the share was eighteen units, the second claimant retained a certain amount (derived from leaving one-sixth that was rightfully theirs, two-thirds of which belonged to the second claimant, amounting to one-ninth), which was then divided equally between the first and third claimants. The distribution results in the second claimant receiving four shares, and each of the other two partners (the first and third) receiving seven shares out of eighteen.
Supporting text
The reasoning is based on the second claimant abandoning one-sixth that was rightfully theirs; two-thirds of that abandoned portion, amounting to one-ninth, reverts to the shares of the other two partners exercising pre-emption. Therefore, the first and third claimants are considered equal in entitlement, having not abandoned any part of their own rights, and their combined holdings are divided equally.