What is the ruling on the right of preemption for the seller if he sold his property before knowing of the first sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The judge states that if the seller sells his property before learning of the first sale, his right of preemption is nullified for the same reason as when he knew: the basis for the right (ownership threatened by partnership detriment) has been removed. This ruling applies whether he sold all or part of the property, resembling the case of one who buys a defective item and sells it before discovering the defect.
Supporting text
Abu al-Khattab holds that the right does not lapse because there was no expression of consent to waive it, and the default established ruling is for the right to remain, distinguishing this from the known case where the sale itself demonstrates contentment to abandon the right.