Does the heir of an insolvent person who owned a share in property have the right of preemption (shuf'a) if the co-owner sells their share?

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The heirs of an insolvent person who left behind a share in property possess the right of preemption (shuf'a) when the co-owner sells their share. This is the position adopted by Al-Shafi'i. The basis for this ruling is that the sale occurred within a partnership concerning the share left by the deceased, thus the heirs have the right to claim the preemption belonging to their inheritance, just as in cases of non-insolvency. Furthermore, the estate does not entirely transfer to the creditors; rather, it belongs to the heirs. Evidence for this is that if the estate accrued a surplus or its price increased, that profit would be accounted for the creditors in settling their debts, yet the right of the creditors merely attached to it without preventing the right of preemption, similar to a case where the deceased had a mortgaged share and the co-owner sold theirs.