Does the right of preemption lapse if the claimant is capable of appointing an agent but chooses not to?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The position adhering to the Hanbali school (though mentioned in context of Al-Shafi'i's school) is that if the claimant is capable of appointing an agent to claim preemption but refrains from doing so, their right is nullified because they abandoned the necessary act of claiming when capable. This is analogous to a resident claimant.
Supporting text
There is a differing view, supported by some scholars within the Shafi'i school, that the preemption right does not lapse if the claimant refrains from appointing an agent. This is because the claimant may have a specific interest in claiming personally due to better handling of the matter or a fear of harm resulting from the agent's actions, such as the agent admitting liability for a bribe, making the principal bound by that admission. Thus, the claimant is excused for awaiting the opportunity to act personally.