Does Shuf'ah apply to the property received by the claimant when the settlement involves the claimant's established property being transferred to the defendant in exchange for the defendant's disputed property?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

Shuf'ah is not obligatory upon the claimant regarding the property they received because the claimant asserts that what they received was their property prior to the settlement, and no new ownership was established for them regarding it; rather, they merely recovered it through the settlement. Thus, Shuf'ah is not mandated, similar to a situation where the ownership was originally admitted.