Is a rescission (Iqalah) valid between the claimant of preemption (Shafi') and the seller after the judge has decreed preemption?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
Rescission is not valid between the claimant of preemption and the seller after the judge has decreed preemption and the purchased share is in the seller's possession, even if the seller returns the purchase price to the buyer. This is because the relationship between the claimant of preemption and the seller is not one of sale, but rather the claimant is a buyer from the original buyer. If the seller sells the share to the claimant of preemption, the sale is valid because the disposition of real estate is permissible before its physical possession (Qabd).