What is the ruling on the preemptive buyer's (Shafi'i) right to reject a purchase due to a defect, when the subsequent buyer was aware of the defect but the Shafi'i was not?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The preemptive buyer has the right to reject the sale against the subsequent buyer or to take the reduction in price (arsh) from them. The subsequent buyer has no recourse against the original seller regarding this matter. This is because the Shafi'i takes possession based on the price established in the contract. A potential contention arises whether the Shafi'i can claim the 'arsh, as taking the 'arsh might be seen as acquiring something other than the agreed-upon price that was established against the subsequent buyer.
Supporting text
An alternative view suggests the Shafi'i cannot claim the 'arsh because the 'arsh is compensation for a part lost from the sold item, and the Shafi'i acquires the property based on the established price. If the 'arsh is taken, it must be deducted from the established price owed by the Shafi'i.