Is the right of preemption (Shuf'a) applicable if the claimant lacks the purchase price?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The claimant of preemption is not permitted to exercise this right if they are incapable of producing the price. Exercising the right without tendering the price constitutes harm to the buyer, and harm cannot be alleviated by introducing further harm.
Supporting text
If the claimant offers a pledge or a guarantor, the buyer is not obligated to accept it because delaying the price constitutes harm, similar to delaying a stipulated immediate payment in a sale.