What is the ruling regarding pre-emption when two Shaqas from two different properties are sold in one transaction to one buyer, and the co-owner in both properties is the same person?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the co-owner in both parcels of land is the same person, that co-owner has the right to take both shares or to leave both. Furthermore, if this co-owner chooses to take only one share and leave the other, this is permissible, which is the explicit position of Al-Shafi'i.
Supporting text
An alternative view suggests that the co-owner does not possess the right to take only one share. If he chooses one, pre-emption in both is forfeited because he could have taken the entire sale, and thus he is not permitted to take only a portion, similar to the ruling regarding a single, indivisible share.