Does a partner forfeit their right of pre-emption by abandoning it based on the buyer's claim that the purchase was for the other partner?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the partner claiming pre-emption abandons their right based on the buyer's assertion that the purchase was for the other partner, and this assertion later proves false, the claimant's right of pre-emption is not nullified. If the claimant then takes half of the sold property based on this claim, and subsequently the buyer's lie is confirmed and the other partner waives their pre-emption right over the remaining half, the original claimant has the right to take their share of the remaining pre-emption because their initial partial taking was based on the buyer's testimony, which does not invalidate the right, and the remaining portion becomes theirs due to the other partner's waiver.
Supporting text
If the partner who took half of the property refuses to take the remaining portion, their entire right of pre-emption is forfeited because one cannot partially uphold a transaction made by the buyer (i.e., cannot accept part and reject part of the purchase structure). Another potential ruling states that the right to the half already taken is not nullified, as the buyer admitted the claimant's right to it, and the buyer's subsequent retraction of that admission does not invalidate the previous acceptance.