What is the ruling when the buyer of a property is also a co-owner (partner) with the claimant of preemption (Shuf'a)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
When the buyer is a partner, the other claimant of preemption has the right to take only the portion corresponding to their share. This is the view held by Abu Hanifa and Al-Shafi'i. The basis for this ruling is that both preemptors are equal in their partnership rights, thus they are equal in the right of preemption, similar to the case where a non-partner buys the property. Moreover, the buying partner has priority because they already possess the share being claimed through preemption.
Supporting text
It has been narrated from Al-Hasan, Al-Sha'bi, and Al-Batti that the other partner has no right of preemption, because preemption is established to repel the harm caused by the entering partner, and this partner's ownership predates the sale, so no harm results from their purchase. Another narration attributes to these scholars that the entire right of preemption belongs to the non-buying partner, leaving nothing for the buying partner, as the right is established against them, and one cannot establish a right against oneself.