What is the ruling regarding a sale conditioned upon absolution from all defects ('al-bara'ah min kull 'ayb) when preemption is exercised?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The sound position within the madhhab is that the original seller is not absolved of responsibility for defects, meaning the condition is ineffective, and the situation is as if no condition of absolution was made.
Supporting text
Another narration holds that the seller is absolved unless the seller knew of the defect and fraudulently concealed it while stipulating absolution. Under this narration, if the Shafi'i knows of the stipulation of absolution, their ruling is the same as that of a subsequent buyer who knew of the defect. If the Shafi'i is unaware of this stipulation, their ruling follows the case where the subsequent buyer knew but the Shafi'i did not.