Can the guardian of a fetus (*Haml*) claim preemption (*Shufa'ah*) when a share in a partnership belonging to the fetus is sold?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a share in a partnership belonging to a fetus is sold, its guardian cannot claim preemption on its behalf because ownership of such property cannot be established except through a bequest (*Wasiyyah*). Once the fetus is born and reaches maturity, it gains the right to claim preemption, just like a child who has matured.