What is the ruling regarding pre-emption (Shuf'ah) when two parts of land (Shaqas) from two different properties are sold in one transaction to one buyer, where the co-owner in one property is different from the co-owner in the other?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
When two Shaqas from two distinct parcels of land are sold together in one transaction to a single buyer, and the co-owner in the first parcel is different from the co-owner in the second, the co-owners have the right to exercise pre-emption and divide the price according to the respective values of the two parts. If one co-owner takes only one share (Shaqas) and foregoes the other, this is permissible. That co-owner takes the share in which he holds co-ownership proportional to his share of the price. This situation is analogous to a single share (Shaqas) and a sword, meaning pre-emption is not applicable to both if only one is taken separately. He is prohibited from taking both shares together because he has no co-ownership in one of them, and the non-co-owned share is not subsidiary to the share in which he has pre-emption.
Supporting text
It is suggested that if one co-owner attempts to take only one share, pre-emption may be entirely forfeited in both shares because the option to take the entirety of the sold property was available but not taken, similar to the case of a single, indivisible share.