What is the ruling on the right of preemption (Shufa) if a share (shaqas) is acquired using usurped money?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

There are two primary scholarly opinions regarding the validity of the preemption right when a share is purchased with usurped wealth. The first opinion holds that the right of preemption is not nullified. This is because the acquisition of the share is established by the contract based on the equivalent price due in one's personal liability (dhimmah). If this price is designated as something one does not own (the usurped money), only the designation of the specific object of payment is voided, while the inherent right to the price in liability remains. This situation is analogous to delaying payment or purchasing another item and then tendering usurped money for it.

Supporting text

The second opinion asserts that the right of preemption is nullified. This is based on the reasoning that acquiring the share using money that is invalid for such acquisition constitutes a rejection or abandonment of the right. This is treated similarly to abandoning the pursuit of the preemption right itself.