Does an heir who was already a partner with the deceased have the right of preemption when the deceased's share is sold to settle debts?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the heir was already a partner with the deceased, and the deceased's share is sold to settle the deceased's debt, the heir has no right of preemption. This is due to the fact that the deceased's share passed to the heir upon death. Consequently, when that share is sold, it constitutes a sale of the heir's own property, meaning they cannot claim preemption against themselves.