Does a price alteration made after the option period expires affect the right of preemption?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the option period concludes and the contract becomes binding, any subsequent increase or decrease in price does not affect the original contract concerning the Shafi'. An increase after finalization is considered a gift requiring the conditions of a gift, and a decrease is a new release from debt. Neither of these established states following the binding contract applies to the Shafi'. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa maintains that a decrease in price subsequent to the binding contract takes effect for the Shafi', but an increase does not, based on the reasoning that an increase harms the preemption holder, whereas a decrease does not. Al-Malik states that if what remains constitutes a price, the property is taken at that remaining amount; however, if the majority of the price is remitted, the property is taken at the full original price.