How is the right of preemption exercised when there are three successive sales of the property?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If there are three successive transactions, the preemption claimant has the option to acquire the property through the first sale, in which case the latter two contracts are annulled. Alternatively, the claimant may acquire it through the second sale, annulling only the third contract. Or, the claimant may acquire it through the third sale without annulling any prior contracts. If acquired through the third sale, the claimant pays the price the third buyer paid and seeks no reimbursement from others because the third buyer received the price they paid. If acquired through the second sale, the claimant pays the price the second buyer paid, and the third buyer recovers from the second buyer what they paid, as their contract was annulled and the share was taken from them. If acquired through the first sale, the claimant pays the first buyer their price, and the contracts of the subsequent two buyers are annulled; the third buyer recovers from the second what they paid, and the second buyer recovers from the first what they paid. This application is supported by Malik, Al-Shafi'i, Al-Anbari, and the proponents of the opinion (Ashab al-Ra'y).
Supporting text
If the first buyer paid ten, the second paid twenty, and the third paid thirty, and the claimant takes based on the first sale, they pay ten to the first buyer, the second buyer recovers twenty from the first, and the third buyer recovers thirty from the second, because the share is taken from the third party as it is in their possession, and their contract is annulled, thus they recover the price they inherited (paid).