What is the outcome if the remaining partner claims preemption based on both sales contracts simultaneously?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the remaining partner claims based on both contracts, they acquire everything in the possession of the second buyer and one-quarter of what is in the possession of the first buyer, totaling three-quarters of the property, leaving one-quarter for the original co-partner. The claimant must pay half of the first price to the first seller and three-quarters of the second price to the second seller. The second buyer then claims restitution from the first seller for one-quarter of the price paid, because the second buyer effectively only fully acquired half of what the first seller sold (which is one-sixth of the whole), and the claimant took half of that portion from the second buyer.