Is the testimony of a co-owner who is also a co-claimant (*Shufi'*) valid if it supports the buyer's claim that the other co-claimant waived his right of preemption (*Shuf'ah*)?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The testimony of one co-claimant (*Shufi'*) stating that the other co-claimant waived his right of preemption is not accepted if the testimony benefits the testifying claimant by consolidating the right of preemption to him. If this testimony is initially rejected due to suspicion of self-interest, and the claimant subsequently waives his right, and then offers the same testimony again, it remains unacceptable because its initial rejection based on suspicion invalidates it, similar to the testimony of a known sinner who repents.
Supporting text
If the claimant testifies to the waiver only after he himself has waived his right, the testimony is accepted due to the absence of suspicion, and the buyer must take an oath alongside the testimony. If there is no evidence, the word of the defendant who denies the waiver is accepted with his oath.