Does the initial buyer have the right of preemption against the second buyer?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the original seller's right of preemption is nullified, the first buyer possesses the right of preemption against the second buyer because the first buyer became a partner in the sold property. Ownership grants the right to all legal dispositions, including the benefit of preemption.
Supporting text
A dissenting opinion argues that the first buyer does not have the right of preemption because his subsequent ownership originated from the preemption right itself, implying his ownership is precarious and too weak to sustain a further preemption claim. The first opinion, which grants the right, is deemed more consistent (aqwas).