Does the right of preemption (Shufa) lapse if the claimant passes away after testifying to his claim due to an impediment?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

The right of preemption does not lapse if the claimant testifies to demanding it due to an impediment and subsequently dies. The heirs have the right to demand the preemption. This is the position stated by Ahmad. The testimony regarding the demand made due to inability to demand it personally stands in its place, thus the preemption right is not invalidated by death following this testimony, similar to the actual demand itself.