How is preemption determined if a claim of waiver is made against both co-claimants simultaneously?

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If both co-claimants swear to deny the waiver, the preemption is established for both. If one swears and the other abstains from swearing (*nakala*), the judgment depends on the one who swore. If the swearing claimant confirms his partner's denial that he did not waive, the right of preemption remains shared between them because the right accrues to the swearer if his partner's preemption falls away. If the abstaining claimant asserts that he did waive, he forfeits his claim to preemption, and the entirety of the preemption goes to the swearing claimant, regardless of whether they inherited the right or were original partners.