What is the ruling regarding increment (growth/nema') on an item sold and in the possession of the buyer when a pre-emptive right holder (Shafi') exercises their right?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the increment is connected (muttasil), such as increased trees or non-apparent fruit, the pre-emptive holder takes it along with the principal item due to its non-separability. This follows the precedent set in cases of return due to defect, option (khiyar), or rescission (iqalah). When the pre-emptive holder reclaims the principal item, the connected increment follows it, similar to all dissolutions of contracts.
Supporting text
The exception for a husband divorcing before consummation, where he cannot reclaim half of the increment (if applied analogously), is due to his ability to seek restitution of value if returning the object itself is impossible. In the pre-emption case, if the pre-emptive holder does not take the share, their right of pre-emption lapses; thus, their right to the original item is not negated because of what occurred subsequent to the seller's action.