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)
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.