What is the ruling on preemption when the claimed owner is absent?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the claimed owner is absent, the judge takes possession of the property and delivers it to the claimant exercising preemption. The absent person retains the right to assert their claim upon their return. This is because delaying the ruling on preemption until the absent person appears would effectively nullify the right, as every buyer could claim the property belongs to an absent party.