The effect on the preemption right if the initial buyer sells the share during the option period while aware of the first sale.
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the initial buyer sells his share during the option period while knowingly aware of the original sale, his right to preemption is forfeited. The right of preemption is then established for the seller regarding the share sold to the first buyer, according to the sounder position within the Madhhab. This ruling applies even if he sold it before learning of the sale, based on the view that his ownership ceased before preemption was established, which aligns with the position of Al-Shafi'i.
Supporting text
It is argued against the view derived from Abu Al-Khattab's reasoning that the initial buyer's preemption right should not be forfeited. Therefore, he maintains the right to claim the share from the first buyer, and the first buyer, in turn, has the right to claim the share sold by the preempter from the subsequent buyer, as the initial buyer was a partner with the preempter at the time of that subsequent sale.