Does the right of pre-emption lapse if the buyer reveals a difference in the medium of payment (e.g., cash vs. commodity or vice versa, or a different type of commodity)?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

The right of pre-emption does not lapse if the buyer reveals that the purchase was made for a commodity when it was thought to be cash, or vice versa, or a different type of commodity, or if the buyer reveals the purchase was for someone else when it was thought to be for himself, or vice versa. This is because the Shufi might have a preference for one partner over another, or might be showing favor (muhabat) or fear (khalf) of a specific individual, causing him to decline pre-emption.