What is the ruling if the claimant fails to travel due to inability or potential harm?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the claimant abandons travel because of physical inability or because travel would inflict harm upon them, the right of preemption does not lapse, unanimously. This is because the claimant has a valid excuse (ma'dhur), placing them in the same position as someone who was unaware of the claim.