What is the ruling if the price of the share (shaqs) subject to preemption (shuf'ah) is measured or weighed and perishes before the buyer takes possession?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the price of the share subject to preemption is measured (makil) or weighed (mawzun) and it perishes before the buyer takes possession of it, the sale is voided, and the preemption claim is also voided. This is because the delivery (taslim) becomes impossible, which consequently invalidates the finalization of the contract. Since the sale is invalid, the right of preemption does not establish itself, analogous to when a sale is annulled during the option period.
Supporting text
This ruling differs from the situation of mutual rescission (iqalah) or returning an item due to a defect (radd bi al-'ayb).