What recourse does the preemption claimant have if the property subject to preemption, which was initially a gift with a right of revocation by the donor, is sold by the donee?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the donor has the right to revoke the gift and the donee makes a valid disposition, such as selling it, which establishes the right of preemption, the preemption claimant has two options: they may annul the second sale and acquire the property based on the first transaction (the gift) at its original price, or they may confirm the donee's disposition and acquire the property via preemption from the second buyer, as the claimant is a preemptor in both transactions.