Does the purchaser of the first quarter have the right of preemption over the portions sold by the second and third sellers?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
There are three differing opinions on whether the purchaser of the first quarter has the right of preemption over subsequent sales made by the co-sellers.
Supporting text
One opinion holds that the purchaser has the right because they were owners at the time of the sale. A second opinion denies this right because their ownership is contingent upon exercising preemption itself, thus preemption does not establish itself through a contingent right. The third opinion states that they may take the right if the seller pardons the right for them, otherwise, they do not have the right.