What is the right of the pre-emptor (Shafi') when a co-owner sells his share to three individuals in a single transaction?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The pre-emptor has the right to claim the share from all three purchasers simultaneously. Alternatively, the pre-emptor may choose to claim the share from only one of the three buyers, or from two of them while waiving the claim against the third. This is because each sale contract is considered independent. The exercise of pre-emption in one contract does not depend on exercising it in the others, just as if the sales had occurred separately.
Supporting text
When the pre-emptor takes the share from only one of the three buyers, the other two buyers cannot participate with him in the pre-emption claim, because their ownership did not predate the ownership of the one whose share was taken, and pre-emption is only established by prior ownership.