What is the validity of the buyer's transaction regarding the sold property before the preemption claimant acts or becomes aware?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The transaction made by the buyer concerning the sold property before the preemption claimant acts or gains knowledge is valid because the buyer legally possessed the property and took valid possession of it. The only remaining condition is that the preemption claimant has the right to acquire it from the buyer, and this pending right does not prevent the buyer's disposition, similar to how a defect in one consideration of a sale does not prevent disposition of the other consideration, or how a donee is permitted to dispose of a gift.