What is the ruling when two claimants of preemption (Shuf'a) offer contradictory statements regarding the validity of a sale to the buyer?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 1 · Bab 1

Open in Qurani

Primary text

If one claimant of preemption declares the purchase invalid and the other declares it valid, the entirety of the preemption right belongs to the one who affirmed the sale's validity. This applies similarly if one claims the transaction was a gift (*ihbah*) while the other affirms it was a purchase. The preemption right is assigned to the one affirming the purchase because the other claimant's admission that there was no valid sale constitutes a waiver of their own preemption right.