Does the original seller's right of preemption lapse if he sells only a part of his share?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

One opinion states that the seller's right of preemption lapses entirely if he sells a part of his share because preemption cannot be split (la tata'abbad), and the invalidation of a part causes the invalidation of the whole, analogously to divorce or waiving part of a preemption claim.

Supporting text

The alternative view asserts that the right does not lapse, as the remaining part of his ownership still grants him the entitlement to claim preemption over the entire property sold.