What is the legal status of the right of preemption (Shufa'ah) if the preemptive buyer (Shafi'i) dies before enforcing the right?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the Shafi'i dies before claiming preemption, the right is extinguished and does not transfer to the heirs. Imam Ahmad stated that death nullifies three matters: preemption, the prescribed punishment (hadd) if the accused dies after accusation, and the option (khiyar) if the party who stipulated it dies. These rights are only established upon active claim. If the Shafi'i leaves testimony affirming their right and that they had claimed it, the heir may then claim it.
Supporting text
The view of Sa'id ibn al-Musayyib, Ibn Sirin, al-Sha'bi, al-Nakha'i, al-Thawri, Ishaq, and the Ashab al-Ra'y is that the right is forfeited upon death. Malik, al-Shafi'i, and al-'Anbari hold that the right is inherited. A derived opinion supports inheritance because the right to reject due to a defect is inheritable as it serves to avert harm to property.