What is the ruling on the right of preemption (Shufa) when the seller affirms the sale but the buyer denies it?

Primary text

There are two established views regarding the right of preemption when the seller admits to the sale but the buyer denies it. The primary view holds that the preempter (Shafi') has the right to claim preemption. This is the position held by Abu Hanifa and Al-Muzani. The evidence supporting this rests on the seller admitting two rights: one for the preempter and one for the buyer. If the buyer's right falls away due to denial, the preempter's right is established, analogous to a situation where one of two joint owners whose property is affirmed by the declarant has their right nullified while the other's remains. Furthermore, the seller has affirmed that the preempter is entitled to take the property, which aligns with the preempter's claim. Based on this view, the preempter takes possession from the seller, pays the price to the seller, and the seller bears the warranty (darak) since possession was taken from him and the sale was not established against the buyer.