To whom does the guarantor's liability (Uhdah) revert concerning price when a preempted property is discovered to be rightfully claimed by another (estoppage)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the preemptor takes the property and it is later found to be rightfully claimed by a third party, the preemptor's recourse for the price is against the buyer, and the buyer's recourse is against the seller. This is the position held by Al-Shafi'i.
Supporting text
Ibn Abi Layla and Uthman al-Batti hold that the guarantor's liability rests upon the original seller because the right was established for the preemptor through the seller's legal act, making the recourse against the seller similar to the buyer's recourse. Abu Hanifa differentiates based on where the preemptor took possession: if from the buyer, the liability is on the buyer; if from the seller, the liability is on the seller, because taking from the seller voids the sale between the buyer and seller, making the preemptor an agent of the seller in effect.