Does the right of pre-emption lapse if the revealed terms of payment involve structural differences in how the whole or partial property was bought?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

The right of pre-emption does not lapse if the buyer reveals that the entire property was bought for a single price, but it turned out he bought half for half the price, or that he bought half for a certain price, but it turned out he bought the whole for double that price, or if he reveals he bought the specific share alone, but it turned out he or someone else bought it, or if he reveals he bought it jointly with someone else, but it turned out he bought it alone. This is because the Shufi may have a specific interest in the underlying reality that was concealed, leading him to decline pre-emption, just as if he had revealed the price was lower than stated.