Is the preemptive right applicable when two persons jointly purchase a single share from one seller?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemptive claimant has the right to take the share of one of the two buyers. This is the view of Malik, Al-Shafi'i, and one narration from Abu Hanifa. The basis for this ruling is that since there are two buyers, the preemptive claimant may take the share of one, just as they could after possession (qabd) is established.
Supporting text
Another narration from Abu Hanifa permits the preemptive claimant to take a share only after the two buyers have taken possession (qabd). Before possession, it is not permitted because it would partition the seller's single transaction. However, this objection regarding the partitioning of the seller's transaction is refuted because the other buyer has already taken their share, meaning the transaction is not being partitioned in effect.