What is the ruling if the property's value decreases but its form remains (e.g., cracked wall, withered trees)?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the value of the property decreases while its form remains—such as a wall cracking, the building becoming dilapidated, trees becoming withered, or land becoming barren—the pre-emptor has the right to acquire it only by paying the entire price or abandoning the right. This is because these qualitative deficiencies are not counterbalanced by a specific monetary counter-value, unlike physical parts of the object. This principle is supported by the fact that if the buyer constructs a new building, the pre-emptor must pay the value of that construction, and if the sold item receives an attached increment, that increment is included in the pre-emption right.