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)

Book 23 · Issue 1 · Bab 1

Open in Qurani

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.