What is the distribution of preemption rights (Shuf'ah) when a partner sells their share of a property divided into four equal parts, and two buyers acquire one share?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a property held by four shares is bought by two individuals for the share of one owner, the fourth owner has the right of preemption against both buyers. Furthermore, each of the two buyers holds the right of preemption against the other buyer concerning the purchased share. If all claimants pursue their right, the sold portion is divided into three parts among them, resulting in a tripartite division of the property. If the fourth owner waives their right entirely, the sold portion is divided equally between the two buyers. Similarly, if all claimants waive their preemption rights, the original proportions are maintained: the two buyers hold three-fourths of the property, and the fourth owner retains their original quarter share.
Supporting text
If only the fourth owner claims their right, they take half of the sold share from the buyers, as each buyer holds a right equal to the claimant's. This results in the fourth owner acquiring three-eighths of the property, and the remaining portion is split equally between the two buyers, leading to a valid division based on sixteen parts. If the fourth owner claims against only one buyer, that buyer's share is split equally, resulting in the claimant receiving three-eighths, and the remaining portion split between the claimant and the other buyer, which is valid over sixteen parts. If one buyer waives their right but the other buyer and the fourth owner do not, the waived share is split equally between the waiving buyer and the fourth owner, while the other buyer's share is divided among the three remaining parties (the non-waiving buyer, the fourth owner, and the waiving buyer who is now a co-owner with the fourth owner in that portion), resulting in complex proportional divisions valid over forty-eight parts.