If the purchaser makes the property a mosque, is pre-emption still applicable?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

When the purchaser makes the property a mosque, it is considered consumed, and pre-emption is nullified according to the opinion held by some scholars, including Ibn Abi Musa. This is due to the perceived harm inflicted upon the beneficiaries of the endowment or gift if their established ownership is removed without compensation, unlike a sale where the prior buyer receives restitution of the purchase price.

Supporting text

If pre-emption is asserted in such a case where the property has been gifted, the claimant takes the property from whomever holds it, annuls the contract, and pays the purchase price to the original purchaser.