How is the division of the preemption right calculated when partners have unequal initial shares?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 8 · Bab 1

Open in Qurani

Primary text

When the preemption right is divided proportionally to shares, one calculates the denominator representing the shares of all original partners, extracts the shares pertaining to the claimants, and then divides the preemption share accordingly. For example, if the original shares are based on a denominator of six, and the seller owns half (three parts), the two claimants have shares totaling three parts: the one with a third share gets two parts, and the other gets one part. The preemption is divided among these three claimants (two parts to the first, one part to the second). If the owner of one-third sells, the preemption is divided into quarters between the remaining two partners based on their proportional claims against the remaining property, and so forth for other scenarios.

Supporting text

According to the second narration (equal division), the preemption share is divided equally between the remaining partners regardless of their initial shares. For instance, if the half-owner sells, his half is split equally between the other two partners.