Can a pre-emption right (Shuf'ah) be exercised after an agreed-upon rescission (Iqalah) or a settlement (Sulh) regarding intentional homicide blood money?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The validity of exercising the right of pre-emption following an agreement regarding the dower (Sadaq), exchange in Khul', or settlement for intentional homicide blood money depends upon the two established opinions concerning the taking of pre-emption right when the seller and buyer dispute the transaction. If the seller cancels the transaction with the buyer or returns the item to him due to a defect, the pre-emptor has the right to annul the rescission and the return, and then exercise the pre-emption right, because the pre-emptor's right predates both the rescission and the return, and the pre-emption cannot be exercised concurrently with them.