What is the timeframe for the absent person to claim preemption after learning of the sale?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the absent person only learns of the sale upon his return, he may claim it even if his absence was long, as this option is established to remove harm from the property, and delay prior to knowledge does not invalidate it, similar to revoking a sale due to defect. Upon gaining knowledge, his requirement for claiming is immediate, like that of a present person; otherwise, his right lapses. The ruling for the sick, the imprisoned, and anyone else who did not know of the sale due to a valid excuse is the same as that for the absent person.

Supporting text

The apparent ruling is that if the absent person learns of the sale and is capable of securing witnesses (Ishhad) and claiming the right but fails to do so, his preemption lapses, irrespective of whether he could appoint an agent or not, or whether he traveled immediately or delayed after learning.