What is the ruling regarding partition (*qismah*) when a third partner claims preemption (*shuf'ah*) after the first two partners have already partitioned their shares?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the second partner takes half of the share from the first partner after partitioning, and then a third partner arrives demanding preemption and exercising that right, the partition is nullified. This is because the third partner, by claiming preemption, is considered a partner at the time of the partition due to the established nature of his right. This is analogous to a situation where the buyer sells the property, and then the preemptor arrives, whereupon he has the right to invalidate the sale.
Supporting text
The partition may remain valid if the absent third partner had appointed an agent for the partition before the sale or before his knowledge of it, or if the two partners referred the matter to a judge who partitioned their shares on behalf of the absent partner, leaving the absent partner with his right of preemption intact.