What is the ruling if the preemption claimant flees after claiming preemption?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the claimant flees after taking possession, the buyer has the right to unilaterally rescind the transaction without requiring a ruling from a judge. This is because a condition for exercising preemption has been unmet, and the seller's access to the price has been prevented. The rescission does not require the judge's decree because the initial act of taking preemption does not depend on the judge's ruling.
Supporting text
The preferred view is that the buyer has the right to rescind without a judge because failing to produce the price constitutes failure of the condition for taking preemption, and granting the power of rescission to the buyer avoids harm, such as difficulty in proving the claim before a judge or difficulty attending the judicial session.