Must the price and the preempted share be known for the preemption to be valid?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the price (*thaman*) or the preempted share (*shaqs*) is unknown, the pre-emptor does not gain ownership through the taking expression. This is because preemption is in essence a sale, and therefore knowledge of the two considerations (price and item sold) is required, as in all other sales contracts. The pre-emptor has the right to demand preemption first and then ascertain the price from the buyer or another party, taking the property at its established price.

Supporting text

There is a potential view suggesting that taking is valid even if the share is unknown, based on the rulings concerning the sale of an absent item.