Is it valid for the claimant to make a settlement (Sulah) with compensation in exchange for waiving the pre-emptive right?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the claimant settles with the buyer for compensation in exchange for waiving the Shuf'ah right, the settlement is invalid. This view is held by Abu Hanifa and Al-Shafi'i. The rationale is that Shuf'ah is an option (khiyar) that does not lapse for money (mal), therefore, accepting compensation for its removal is not permissible, similar to the option stipulated in a condition (khiyar al-shart). This contrasts with Khul' (redemption of the wife's dowry), which involves compensation for something already owned, whereas Shuf'ah involves waiving a right.
Supporting text
Malik permits the validity of the settlement, holding that compensation is permissible for the removal of ownership, analogous to granting a wife the right to initiate divorce (tamlik imra'ah amraha).