What is the legal status of the right of preemption (Shufa'ah) if the preemptive buyer (Shafi'i) claims the right and then dies?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the Shafi'i claims the right of preemption and subsequently dies, the right transfers to all heirs according to their shares of inheritance, as it is a financial, inheritable right. This is the agreed-upon position according to Abu al-Khattab, citing Imam Ahmad. The right becomes established by the claim, which is why delaying the taking of the property after the claim does not nullify it, whereas failure to claim initially does.
Supporting text
Al-Qadi opined that ownership of the share vests in the Shafi'i immediately upon claim. If some heirs waive their right, the remaining heirs must either take the entire share or leave it, similar to co-preemptors waiving their rights, to avoid fragmenting the transaction to the detriment of the subsequent buyer.