What is the ruling on the right of preemption for someone absent (Gha'ib) from the location of the property?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The majority of scholars hold that an absent person has the right of preemption. This view is narrated from Shurayh, Al-Hasan, 'Ata, Malik, Layth, Thawri, Awza'i, Shafi'i, 'Anbari, and the Ashab al-Ra'y. The evidence is the general wording of the Prophet's saying, 'Preemption applies to what has not been divided,' and other hadiths. Furthermore, preemption is a proprietary right whose cause has been established regarding the absent person, thus it is established for him, similar to inheritance. He is a partner who was unaware of the sale, so the right is established upon his knowledge, like a present person whose sale was concealed.
Supporting text
A minority view, narrated from Al-Nakha'i, Al-Harith al-'Akli, and Al-Batti, states that the absent person has no preemption right unless the absence is short, arguing that establishing the right for the distant absentee harms the buyer and prevents the stability of his ownership, which is not established to the same degree as for the present person due to the potential delay.