Regarding preemption (Shuf'a) when one partner in a property held by three sells his share along with his own share to a single buyer, can the preempting partner take only one of the two shares?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If one partner in a property jointly held by three entrusts another partner to sell both his share and his own share to one buyer, the other partner has the right of preemption over both shares. Regarding taking one share but not the other, there are two differing opinions. The primary view permits taking only one share because the seller is two individuals acting in two distinct sales, thus allowing the preemptor to take the share of one seller as if they had contracted separately.
Supporting text
The second view prohibits taking only one share because the transaction constitutes a single unified sale (ṣafqa). Taking only one share results in segmenting the sale for the buyer, which is impermissible, similar to a situation where both shares belonged to a single owner.