Does the right of preemption (Shufa'a) apply when a person buys a share subject to preemption, bequeaths that share, and then dies?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemption right remains valid for the preempter (Shufi') even if the original owner bequeathed the share after purchasing it and subsequently died. The right of the preempter is considered prior to the right of the legatee. If the preempter exercises the right, the purchase price is paid to the heirs, and the bequest is nullified because the subject matter of the bequest has passed away, similar to if it were destroyed. The legatee has no claim to compensation because the bequest was specifically for that share, which is now lost through the exercise of preemption.