Is the preemptive right (Shufa) applicable when one person purchases a fractional share from two sellers?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemptive claimant has the right to take the share of one seller while leaving the share of the other. This position is held by Al-Shafi'i. The reasoning is that a contract involving two sellers and one buyer constitutes two separate contracts because the buyer acquires ownership from each seller for a distinct price. Therefore, the preemptive claimant may take one part, similar to when it is done through an isolated contract.
Supporting text
It is reported from Al-Qadi, which is also the view of Abu Hanifa and Malik, that the preemptive claimant cannot divide the transaction in this manner, as it would cause the buyer's single transaction to be partitioned.