What is the ruling if the first claimant takes the whole property and another claimant subsequently arrives?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the first claimant takes the entirety, and another claimant then appears, the newcomer has the option to share the property equally (qasamah) with the first or pardon him, leaving the entire property to the first. This is because the assertion of the right originated only from those two. If the second claimant shares, and a third arrives, the third may share with both or pardon them, leaving the property to the first two. If the share taken by the first claimant develops an independent increase (nama' munfasil) while in his possession, neither of the others shares in that increase because it accrued during his ownership, analogous to an increase that accrues in the buyer's possession before the preemption is exercised.

Supporting text

The same rule applies if the second claimant takes the property and an independent increase occurs in his possession; the third claimant does not share in that increase.