Can the guardian (*Wasi*) claim preemption (*Shufa'ah*) when selling his own share in a partnership to another party on behalf of the orphan?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the guardian sells his own share, he may claim preemption on behalf of the orphan if the orphan has an interest in that share. The suspicion of malfeasance is removed because the guardian cannot inflate the price, as the buyer would not agree to it, and the purchase price comes from the buyer, similar to it coming from the orphan directly. This contrasts with selling the orphan's property, where he might lower the price to acquire the share himself. If the matter is referred to the judge and the judge sells the share, the guardian may then claim preemption due to the removal of suspicion.