What is the ruling on the pre-emptive right (Shuf'ah) if the claimant tells the buyer, 'Sell me what you bought' or 'Share the property with me'?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The pre-emptive right (Shuf'ah) is nullified if the claimant states to the buyer, 'Sell me what you bought' or 'Share the property with me.' This statement indicates the claimant's consent to the purchase and abandonment of the right of Shuf'ah. Furthermore, if the claimant states, 'Settle with me for property (in exchange),' the right is also forfeited. The basis for this ruling is that the claimant expressed consent to relinquish the right and sought compensation for it; thus, the relinquishment established by consent takes effect, even if the compensation does not materialize. Abandoning the demand for the right is sufficient for its nullification, and seeking compensation in exchange makes the relinquishment even more established.
Supporting text
The judge holds that the right is not nullified in this case because the claimant did not consent to waive the right itself, but only consented to an exchange for it. Since the exchange did not become established, the Shuf'ah right remains. Two similar opinions exist among the followers of Al-Shafi'i.