What is the ruling when one of two potential claimants (shufi') waives their right to preemption (shuf'a) and the other claimant pursues it, and then the pursuing claimant dies, leaving the waiving claimant as an heir?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If one of two claimants to preemption waives their right while the other pursues it, and subsequently the pursuing claimant dies, and the waiving claimant inherits the share, the heir (the waiving claimant) possesses the right to acquire the property through preemption. This is because he inherits from a claimant who exercised the right to preemption, thereby acquiring the right to take it, similar to a stranger (ajnabi). No specific scholarly opinions or textual evidences (Quran/Hadith) are detailed for this core principle, but the conclusion establishes the inheritor's right by legal substitution.