What is the ruling on the forfeiture of preemption if informed by a single just man or a person of known uprightness (mustur al-hal)?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the claimant is informed by a single just man or a person of known uprightness, his right of preemption is forfeited. This is based on the principle that such information, even if not formal testimony, is accepted in religious matters like narration (riwayah) and issuing legal opinions (fatwa). This differs from formal testimony (Shahadah) which requires specific formalities and is subject to contradiction by denial.

Supporting text

There is an opinion, narrated from Abu Hanifah and Zufar, that the preemption right is not forfeited because a single person does not constitute sufficient proof (Bayyinah).