What is the ruling on a partner waiving their share of the right of preemption to another partner or a non-partner?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If one of the partners in the right of preemption attempts to gift their share of the preemption right to another partner or a non-partner, the gift is invalid. This action is considered a waiver ('afw), not a true gift (hiba). Therefore, it is only valid for the person against whom the right was established (the buyer), similar to waiving the right to Qisas.