Can a pre-emptor claim the property if the seller and buyer mutually swear an oath concerning the price and then rescind the sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the seller and buyer mutually swear oaths regarding the price and subsequently rescind the sale, the pre-emptor has the right to take the share based on the price the seller swore to. This is because the seller has affirmed the sale at the price sworn to, and this affirmation establishes the pre-emptor's right to pre-emption based on that price. When the buyer's right is voided by his denial (oath), the pre-emptor's right is not voided by that same act.
Supporting text
The pre-emptor has the right to invalidate their mutual rescission and claim the property because his right to pre-emption precedes their mutual rescission.