If pre-emption is established over property that was gifted, to whom is the purchase price returned?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If pre-emption is established following an annulled gift, the claimant invalidates the gift and takes the property based on the first sale contract. If the property had not been gifted, the price would rightfully belong to the claimant. Therefore, even after the annulled gift, the price belongs to the claimant. This is argued because the claimant annuls the gift and claims the property based on the original sale contract; if the gift had not occurred, the money would have gone to the claimant, and the same logic applies after the gift is annulled.

Supporting text

It has been narrated from Malik that the purchase price in such a case should go to the donee, as the donee is reclaiming their property. However, the primary view asserts that the claimant invalidates the gift and takes the property based on the first contract, meaning the price should go to the claimant.