What is the ruling on preemption (Shuf'a) when the co-owners (Shufa'a) are absent?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the claimants for preemption are absent, the right of preemption is not forfeited due to the presence of a valid excuse (udhr). Upon the arrival of one claimant, that claimant must take the entire property or waive the right entirely. This is because the court knows of no other claimant at that moment, and taking only a portion would fragment the buyer's transaction, which is impermissible, similar to the case if they were alone. Delaying the right until partners arrive is not permitted due to the resulting harm to the buyer.