What are the requirements for a claimant (*Shafi'*) when asserting the right of preemption (*Shuf'a*) against only some co-owners?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
When a claimant of preemption asserts his right against some co-owners claiming they purchased a share, he must clearly specify his claim. This specificity requires defining the exact property (*shaqs*), stating the portion purchased, the price, and asserting the right of preemption over it. If the defendant admits the claim, the ruling of preemption is incumbent upon him. If the defendant denies the purchase and claims the property was gifted (*ihtubah*) or inherited, then the right of preemption does not apply to that share. In such denial, the defendant's statement is accepted, just as if the plaintiff claimed a share without the context of preemption; if the defendant swears an oath, he is absolved, and if he refuses to swear (*nakala*), judgment is rendered against him.