How is the right of preemption distributed if the third partner sells the remainder of his share to a non-partner?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the third partner sells the remainder of his share to a non-partner, the right of preemption becomes due among the remaining parties based on fifths (akhmāsan). The capital provider (rabb al-māl) is entitled to two-fifths of that right, and the worker partner ('āmil) is entitled to two-fifths of that right. The capital used for the joint venture (māl al-mudārabah) is entitled to one-fifth of the right, corresponding to the one-sixth share he holds. This is because the legal status of the capital used for the joint venture is distinguished from the private wealth of either individual partner, effectively treating the joint venture capital as another distinct partner.