How is the preemption right divided among co-claimants who acquire the preemption right simultaneously?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The established opinion in the Madhhab is that the preemption right over the purchased share is divided among the claimants proportionally to their respective shares in the property. This view is chosen by Abu Bakr and is attributed to Hasan, Ibn Sirin, 'Ata', Malik, Suwar, al-'Anbari, Ishaq, and Abu 'Ubayd, and it is one opinion of Al-Shafi'i. This is based on the premise that the right is derived from ownership, thus it should follow the proportion of ownership, similar to rental income. The counter-arguments are refuted by analogy to inheritance among sons, or the grandfather with brothers, and cavalry versus infantry in spoils of war, where proportionality is not strictly followed.
Supporting text
A second narration from Ahmad, chosen by Ibn 'Aqil and attributed to al-Nakha'i, Al-Sha'bi, Ibn Abi Layla, Ibn Shubruma, Al-Thawri, and the proponents of opinion (*Ahl al-Ra'y*), states that the preemption right is divided equally based on the number of claimants, because each individual would claim the entire right if acting alone, thus they should share equally when united, like sons in inheritance.