Is the right of preemption (Shufa) established when one partner lends capital to another partner who then buys a portion of the third partner's share?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
Preemption (Shufa) is not established in one of the two recognized opinions when one partner lends capital (qārad) to another partner, and the recipient partner uses that capital to purchase half the share of the third partner. This is because the partners are distinct: one is the capital provider (rabb al-māl) and the other is the worker (al-'āmil), making them analogous to partners in movable goods (mātā'), meaning neither partner has the right of preemption over the other in this specific transaction.