What happens to the preemption right on the one-third share if Amr does not know of the initial sale until after he sells his one-sixth share?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If Amr did not know of the initial sale until after he sold a portion of what he held (the one-sixth share), there are three views regarding his preemption right on the first sale: one view states his entire right is not voided, and he may claim it as if he had sold nothing; a second view states his entire preemption right is voided; and a third view states the right is voided only regarding the portion he sold, but remains for the portion he still possesses.
Supporting text
Regarding the preemption of the portion Amr sold, there are three views: the first states the right is divided among the second buyer, Zayd, and Bakr as quarters based on their ownership stakes at the time of the second sale; the second states the right is divided between Zayd and Bakr based on established, non-contested ownership portions; and the third states that if Amr forgives the right to some parties but not others, only those forgiven receive a share of the preemption.