What is the ruling on the pre-emptive right holder (Shafi'i) taking the property when the price is deferred (mu'ajjal)?

Primary text

If the price for the sold property is deferred, the pre-emptive right holder takes it under the same deferred term, provided the holder is solvent (mali'). If the holder is not solvent, he must provide a solvent guarantor to take possession. This view is held by Malik, Abd al-Malik, and Ishaq. The basis for this ruling is that the pre-emptive right holder follows the buyer regarding the specification of the price, and deferment is one of its specifications. Furthermore, immediate payment constitutes an addition to the deferment, which is not obligatory for the pre-emptive holder, similar to an addition in the actual amount. The concern regarding differing solvency levels is mitigated because the obligation to pay is not enforced unless solvency, either in the holder or his guarantor, is established to protect the funds.