What is the ruling on the right of preemption (Shufa'a) if the right holder sells his share before claiming it?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a person entitled to preemption sells his share while knowing about the original sale, his right to preemption is nullified. This is because he no longer possesses ownership from which the right is derived, and the purpose of preemption—to remove the detriment caused by partnership—has been negated by his act of selling.
Supporting text
If the seller of the share sold only a portion of it, there are two opinions. One view holds that the entire right of preemption is nullified because preemption is not divisible; therefore, the sale of part invalidates the whole, similar to marriage or the cancellation of part of a claim. The second view maintains that the right does not lapse because the seller retains a portion of his share, which still entitles him to claim preemption over the entire sold property.