What is the ruling on exercising preemption (Shuf'ah) when a share of property subject to preemption is sold bundled with an item exempt from preemption in a single contract?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
When a share of property subject to preemption is sold together with an item exempt from preemption, such as a sword or a garment, in one transaction, preemption is established only concerning the share of the property, proportional to its price. Both items must be valued, and the total price must be apportioned according to their respective values. The preemption right applies only to the portion of the price corresponding to the property subject to preemption. This is the view held by Abu Hanifa and Al-Shafi'i.
Supporting text
It is possible that preemption is not obligatory at all, as splitting the buyer's single transaction causes harm to him, similar to a situation where the preemptor attempts to take only a part of the property itself.