Does the established right of preemption prevent the distribution of shares between the other partners?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

The establishment of the right of preemption does not prevent disposition or dealing with the property, as evidenced by the fact that selling or gifting the share remains valid. Since the preemptor has the power to invalidate such dispositions, the same principle applies here regarding the partition executed without his consent.