Is the sold property required to be land for the right of Preemption (Shuf'a) to apply?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The sold property must be land because land endures permanently and its harm is lasting. If the sold item is something attached to the land, specifically construction or planted trees sold together with the land, they are subject to preemption as an accessory to the land. This is without dispute within the established school and among those who affirm preemption. This ruling is supported by the Prophet's saying and judgment establishing preemption in any shared property not yet divided, whether it is a plot of land or a wall, which encompasses buildings and trees.