What is the ruling when a property is divided among three owners (Zayd half, Amr one-third, Bakr one-sixth), Bakr purchases Zayd's one-third share, then Amr claims preemption on the one-third sale, and then Amr later purchases Bakr's one-sixth share without knowledge of the first purchase, and subsequently learns of the first purchase?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 5 · Bab 1

Open in Qurani

Primary text

Amr has the right to claim his entitlement from the preemption of the one-third sale, which constitutes two-thirds of that share. He takes two-thirds of that portion from Bakr. The remaining one-third of that preemption right is already in Amr's possession due to his separate purchase of the one-sixth share, which he can claim via the preemption of the first sale, thus voiding that part of his own purchase. The remaining portion of Bakr's sold one-sixth share is divided proportionally as preemption rights between Amr and Zayd.

Supporting text

If Amr waives his preemption right on the one-third share, the preemption right on the one-sixth share purchased by Bakr is divided in thirds between Amr and Zayd. If Bakr sells the one-third share to a stranger, Amr has two-thirds of the preemption right on that sale, taking portions from both Bakr and the second buyer.