Is the right of preemption (Shuf'a) maintained if the claimant witnesses the claim but delays their arrival despite being capable of traveling?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
According to the apparent position of Al-Khiraqi, the right of preemption remains valid even if the claimant delays their arrival after witnessing the claim, provided they were capable of coming. This is because the initial act of witnessing the claim suffices as the fulfillment of the requirement when a direct claim is delayed.
Supporting text
Al-Qadi stated that the right of preemption is nullified if the claimant delays arrival, even if they were unable to travel but could have appointed an agent (Wakil) to claim it but failed to do so. This is because the claimant abandoned the opportunity to claim despite capability, similar to a resident claimant or one who failed to witness the claim initially.