The right of the original seller to reclaim the shaqs if it returns to the initial buyer through subsequent acquisition (sale, gift, inheritance, etc.) after the preemption process.

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the shaqs returns to the initial buyer through subsequent sale, gift, inheritance, or other means, the original seller cannot reclaim it based on the initial sale. This is because the buyer's ownership has been removed, and the seller's right concerning the specific item is severed, transferring the right to its value. If the value is taken, no claim remains concerning the specific property. This differs from a case where a usurped item, which the owner could not reclaim, is paid for, and then the original item is recovered, because the ownership of the usurped item was never extinguished.