What is the ruling when one of three partners sells their share to a co-partner, who then sells that entire acquired share to a third party, and the remaining original partner later claims preemption (Shufa'a)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The remaining partner has the right to claim preemption based on both sales transactions, or based on only one of them, because they are a partner in both transactions. If the remaining partner claims based on the second sale (to the stranger), they acquire everything the second buyer possesses, as the second buyer has no co-partner in their right of preemption regarding that specific transaction. If the remaining partner claims based only on the first sale, they acquire half of that specific sold portion because the second buyer is now their partner in that preemption right. This results in acquiring a portion equivalent to one-sixth of the entire property. The acquisition is divided between the two buyers proportionally based on their respective holdings in the preemption claim.
Supporting text
If the remaining partner claims based on the first contract only, they acquire half the sold item, which is one-sixth of the whole property. This is because the buyer from the first sale is their partner in the preemption right concerning the second sale. The partner takes half from the first buyer and half from the second buyer, as the first sale made the property halves between the original partner and the first buyer. When the first buyer sold everything in their possession (two-thirds of the original property), they sold half of what they possessed, meaning the preemption claimant is entitled to a quarter of what was in that buyer's possession, equivalent to one-sixth of the whole. This leads to a division where the claimant gets half of the entire property, and each of the other two parties gets a quarter.