If the heirs claim preemption before the legatee accepts the bequest, and the legatee subsequently accepts, whose right is effective?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the heirs claim preemption, they are entitled to exercise it. If the legatee then accepts the bequest, the preemption right shifts to the legatee. However, the legatee must then initiate a new claim, as the initial claim by the heirs is now known to be by someone not entitled to it at the time of the first claim.
Supporting text
If the first ruling holds, and the heirs claimed preemption, they are entitled to take by preemption. If the legatee then accepts, he takes only the bequeathed share, not the share acquired through preemption, because ownership of the bequeathed share transfers to him only after the preemption is exercised, similar to if the original owner had exercised preemption during his lifetime.