What happens if the buyer chooses rescission while the preemption claimant chooses to claim the valid portion of the sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the buyer chooses rescission and the preemption claimant chooses to claim the valid portion of the sale, the preemption claimant takes precedence. This is because there is no detriment to the buyer, and it is treated similarly to a situation where the preemption claimant accepts an item with a known defect.