What is the ruling regarding rejection or claiming compensation when the preemptive buyer (Shafi'i) knows of a defect, but the subsequent buyer does not?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
Neither the Shafi'i nor the subsequent buyer has the right to reject the sale or claim compensation ('arsh). This is because the Shafi'i acquired it with knowledge of the defect, forfeiting the right to rejection or compensation, similar to a buyer who knows of a defect. The subsequent buyer is precluded because their ownership has ceased, the purchase price has been returned to them by the Shafi'i, and they are treated as if they returned the item to the original seller.
Supporting text
An alternative opinion suggests the subsequent buyer retains the right to claim the 'arsh because it is compensation for the deficient portion of the sold item and does not cease upon the transfer of ownership. If the subsequent buyer takes the 'arsh, it must be deducted from the price that the Shafi'i owes, treating it as if the 'arsh was taken before the Shafi'i exercised the preemption.