What is the ruling when a co-owner claims only a portion of their right of preemption (Shufa)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a co-owner states, "I will take half of the property subject to preemption (Shiqṣ)," their right of preemption is invalidated (succeeds). This opinion is held by Muhammad ibn al-Hasan and some scholars of the Shafi'i school. The evidence is that by abandoning the claim for a portion, the entire right is relinquished because the right cannot be divided (lā tataba'ḍ). Claiming only a part is not considered a claim for the whole, and a non-divisible matter (like preemption) cannot be established unless the cause (reason for preemption) is established for its entirety, analogous to marriage (nikāḥ).
Supporting text
Abu Yusuf holds that the right of preemption is not invalidated because claiming a part is considered a claim for the whole, given that the property cannot be divided and taking only a part is impermissible. This view is countered by the principle that the entirety falls away upon the existence of the cause in only a portion, similar to divorce ('talāq) or manumission ('itāq).