If the pre-emption right is shared when the initial buyer has acquired the first portion, what is the proportion the initial buyer is entitled to?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If it is ruled that the initial buyer shares the pre-emption right when the pre-emptor takes only the second part, there are two opinions on the proportion he is entitled to. One opinion holds he is entitled to one-third, and the other holds he is entitled to half. This difference is based on differing narrations concerning whether pre-emption rights are divided based on the proportion of ownership or the number of individuals involved.
Supporting text
Furthermore, if the pre-emptor pardons the first sale, the initial buyer is entitled to one-third of the entire property according to one view, or three-eighths according to another, with the remainder going to the original partner. If the pre-emptor does not pardon the first sale, the initial buyer is entitled to half of one-sixth (one-twelfth) according to one view, or one-eighth according to another, with the remainder going to the original partner.