Can a minor's guardian waive the minor's right of preemption (Shuf'ah), and can the minor claim it later?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the guardian of a minor waives the minor's right of preemption when there is a benefit (حظ) for the minor, the minor retains the right to claim it upon reaching maturity, according to the primary opinion within the school (Qiyas al-Madhhab). This is because the guardian's waiver did not extinguish the right itself; the minor gains ownership of the right upon maturity. If the right were extinguished by the waiver, the minor would not possess the right upon maturity. This is evidenced by the fact that the minor can claim it upon reaching majority, which is analogous to a remote party (gha'ib) claiming their right upon arrival.
Supporting text
A potential view holds that the minor cannot claim the right upon maturity if the guardian waived it, as this would lead to the right of preemption being established with a delay (tarakhi), which contradicts established textual principles and the underlying meaning of the right.