What price must the pre-emptor pay for the property?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The pre-emptor acquires the share from the buyer based on the price settled upon in the contract. This is supported by the narration of Jabir, where the Prophet, peace be upon him, stated: "He (the pre-emptor) is more deserving of the price." Furthermore, the pre-emptor establishes their right to the share through the sale, so it must be established with the price of the sale, like the buyer. If the price settled was in silver or gold coin, the pre-emptor pays the equivalent. If the price was in an object without a direct equivalent, such as clothing or animals, the pre-emptor acquires the share at the value of that price. This is the position of the majority of scholars, the followers of *Ahl al-Ra'y* (Hanafi school), and al-Shafi'i. If the price was in fungible goods that are not currency, such as grain or oils, the pre-emptor acquires the property for its like in kind, as it is a fungible item, similar to currency. This position is supported by the Hanafi school and al-Shafi'i school, because this item functions as an equivalent in both form and value.
Supporting text
A view narrated from al-Hasan and Suwar holds that pre-emption is not obligatory in cases where the price is non-fungible, because pre-emption requires paying the price's like, and since there is no like for a non-fungible price, acquisition becomes impossible, thus pre-emption is not established, similar to when the price is unknown. This is refuted by arguing that the price is one of two types of prices, and pre-emption can be established through it in the sold item, just as with a fungible price. The objection that the pre-emptor acquires the property without the owner's consent, thus requiring payment of value like a forced taking of food by a person in dire need, is refuted by distinguishing that the latter is due to a specific necessity, while the pre-emptor's right stems from the underlying sale contract, meaning the compensation must be the price established by that sale.