What is the ruling concerning preemption when a property is divided into four shares, where one partner owns half, and the other two split the remaining half, and the owner of the half purchases a quarter share from one partner, then sells a quarter share of what they now possess to a stranger, and the remaining partner claims preemption based on the second sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the remaining partner claims based only on the second sale, they acquire the entirety of what the second buyer possesses and pay the corresponding price. If the partner claims based only on the first sale, they acquire one-third of the sold portion, which amounts to one-half of one-sixth of the total property. The claim is divided between the two buyers proportionally based on the portion the claimant is entitled to from each transaction.
Supporting text
If the partner claims based on both sales, they acquire everything the second buyer possesses and one-half of one-ninth of the property from the first buyer, resulting in the claimant owning five-ninths of the property, and the original co-partner retaining four-ninths. The claimant pays proportional parts of the purchase prices to both sellers, and the second buyer receives restitution from the first buyer for the portion of the sale they did not fully acquire.