What happens to the remaining preemption right if one claimant waives their right due to the buyer employing a trick that does not actually invalidate the sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the buyer employs a trick that does not legally nullify the preemption right, and one claimant states they have waived their preemption, the right is fully vested in the other claimant. This is because the admission by the first claimant that their right is waived leads to the fulfillment of the remaining right.