Is the right of preemption nullified if the claimant is unable to witness the claim but is capable of traveling or appointing an agent?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the claimant cannot fulfill the requirement of witnessing the claim but is capable of traveling or appointing an agent to claim the right, and they fail to do either, the right of preemption is nullified. This is because the claimant abandoned the requirement of claiming when capability existed, without any valid substitute for the claim being present, similar to the ruling for a resident claimant.