What is the ruling if the guardian neglects to exercise preemption when it was beneficial to the minor?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the guardian neglects to exercise preemption when there was a benefit for the minor, the minor has the right to exercise it upon reaching maturity. The guardian is not liable for compensation (ghurm) for this omission, as the guardian has not forfeited any of the minor's existing wealth; rather, the guardian merely failed to secure a potential gain. This is analogous to the guardian neglecting to purchase property for the minor when there was a benefit in the purchase.