Can the guardian (*Wasi*) of orphans claim preemption (*Shufa'ah*) when selling an orphan's share in a partnership to another partner?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the guardian of the orphans sells an orphan's share in a partnership to another partner, that partner has the right to claim preemption on behalf of the orphan, because this transaction is treated as a purchase made for the orphan. However, if the guardian himself is a partner to the seller, the guardian cannot claim preemption, as he is suspected of malfeasance in his sale, making it equivalent to him purchasing from his own ward's property.