Does the right of pre-emption lapse if the buyer reveals the price was higher than initially stated, or that the stated price covered only part of the property?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

The right of pre-emption lapses if the buyer reveals that the price was higher than stated, or if he reveals that the stated price covered only a portion of the property when it was thought to cover the whole. This is because the harm in the concealed transaction is greater, and if the Shufi did not accept it with the lower price and lesser harm, he certainly will not accept it with the higher price and greater harm.