Regarding preemption when an agent purchases an entire unit, which includes a fraction purchased for his principal and a fraction for himself, from one of the co-owners, can the existing partner take only one of the purchased shares?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a man appoints another to buy half of one partner's share, and the agent purchases the entire property component (shiqṣ) for himself and his principal, the existing partner may exercise preemption over the share of one of the buyers. This is permissible because the buyers are two distinct entities, analogous to if they had both managed the contract directly. The distinction from the previous case is that taking one share here does not lead to segmenting the buyer's single transaction, and the original buyer might accept partnership with one of the new owners but not the other, unlike the previous scenario where the buyer was singular.