What is the status of a person imprisoned regarding the right of preemption (Shufa)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a person is imprisoned unjustly or due to a debt they cannot pay, they are treated as a sick person concerning the right of preemption. If the imprisonment is lawful and the debt is payable and within the prisoner's capacity, the prisoner is treated as a released person. If such a person fails to immediately demand the right or appoint an agent, the preemption claim becomes void because the right was abandoned despite the capacity to exercise it.