What is the extent of the pre-emptor's right if the original partner denies the purchase was for them, yet the buyer insists on affirming the purchase for that partner?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the original partner denies that the purchase was made for them and waives their pre-emption right, but the buyer persists in affirming the purchase was made for that partner, the claimant (the pre-emptor) has the right to take the entire property because there is no challenger to their entitlement. Alternatively, the pre-emptor may choose to take only half due to the buyer's admission establishing their right to that specific portion.