Is the testimony of a non-interested third party (*ajnabi*) regarding one co-claimant's waiver valid?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a non-interested third party testifies to the waiver of one co-claimant, and the buyer requires an oath alongside this testimony before the other claimant waives, the buyer swears and takes the entirety of the property through preemption. If the third party testifies after the other claimant has waived, the buyer swears and the preemption right lapses.