What is the ruling on pre-emptive right (Shuf'a) when a property involved in a sale results from two separate torts, one intentional and one accidental, and a settlement is made for a portion (shaqs) of it?

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When a person commits two torts, one intentional and one accidental, and a settlement is reached concerning a portion (shaqs) of the resulting liability, the pre-emptive right (Shuf'a) applies only to half of that portion, not the entirety of it. This is the position held by Abu Yusuf and Muhammad. This ruling is based on the doctrine that the penalty for an intentional tort is the specific retribution (Qisas) of the object itself. The justification is that the portion of the settlement corresponding to the accidental tort is compensation for monetary value, thus making Shuf'a obligatory therein, similar to if the accidental tort stood alone. Furthermore, since the transaction combined what requires Shuf'a and what does not, Shuf'a is applied only to the part where it is due, analogous to purchasing a share of land along with a sword.