How are pre-emption rights distributed when a co-owner sells half of a property in three equal fractional transactions (each buyer receiving 1/6th of the whole) to three parties sequentially?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the property is divided equally between two owners, and one sells his half in three contracts (each buyer receiving one-sixth of the whole), the distribution of rights is determined as follows: the primary pre-emptor has a claim equivalent to the first sixth, plus three-fourths of the second buyer's portion, plus three-fifths of the third buyer's portion. The first buyer (of the second transaction) has a claim on one-fourth of the second portion and one-fifth of the third portion. The second buyer (of the third transaction) has a claim on one-fifth of the third portion. Calculated over 120 shares, the primary pre-emptor receives 107 shares, the second party receives 9, and the third party receives 4.
Supporting text
If pre-emption rights are calculated based on the number of individuals (pro rata among those entitled), the first buyer (of the second transaction) receives half of the second sixth and one-third of the third. The second buyer (of the third transaction) receives one-third of the third, which equates to half of the nine shares mentioned previously. Calculated over 36 shares, the primary pre-emptor receives 29 shares, the second party receives 5, and the third party receives 2.