What is the ruling if the claimant of preemption (shafi') has already taken possession of the share?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the preemption claimant has already taken possession of the share, the situation is treated as if he had taken it in a preceding scenario where the buyer was permitted to dispose of the share before taking possession of its price. This is because the buyer of the share is permitted to deal with it before taking possession of its price, resembling a scenario where a non-related third party purchased the share from the original seller.