How does the pre-emptor (Shafi') acquire ownership of the preempted property?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The pre-emptor acquires ownership of the preempted share (*shaqs*) by using any expression indicating taking it, such as saying, "I have taken it for the price," or "I possess it for the price," provided the price and the share are known. This acquisition does not require a judge's ruling. This is the position held by Shafi'i. The basis for this is that preemption (*shuf'ah*) is a right established by explicit religious text (*nass*) and consensus (*ijma'*) and therefore does not require a judge, similar to the right of rejection due to defect (*radd bil-'ayb*). Furthermore, it is a property acquired forcibly, thus ownership is established upon taking, like spoils of war or permissible (Mubah) things. Since it is fundamentally a sale, it is perfected by the expression indicating acceptance, as the pre-emptor acts independently in this taking.
Supporting text
Al-Qadi and Abu al-Khattab hold that ownership is established merely by demanding it, analogizing this to the acceptance in a sale contract, where the prior sale serves as the offer, and the demand serves as the acceptance. Abu Hanifa states that it only takes effect through a judge's ruling because it involves the transfer of ownership forcefully from its owner, necessitating a judge's decree, similar to the seizure of debt claims.