What is the ruling regarding warranty (Udha) if the property taken via preemption is later found to be rightfully claimed by another party (mustahaqq)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the sold property is found to be rightfully claimed by a third party, the warranty rests solely upon the buyer. All three claimants for preemption revert to the buyer for their price, and they do not revert to one another. Although the initial taking was by the first claimant, this act is considered as the first claimant acting as a deputy for the buyer in returning the price to the preemptors and as a deputy for them in paying the price to the buyer, as the right of preemption is established against the buyer in their favor. This is the apparent position within the school of Imam Shafi'i.