What happens to the right of preemption if the heirs do not claim it before the legatee accepts the bequest?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the heirs fail to claim preemption before the legatee accepts the bequest, the legatee does not possess the right of preemption. This is because the sale occurred before the legatee's ownership was established and his partnership in the property finalized.
Supporting text
There is a difference of opinion regarding whether the right resides with the heirs in this scenario, mirroring the legal uncertainty surrounding whether the preempter can sell his share before learning of his partner's sale.