What is the validity of the guardian exercising preemption when it is not beneficial or potentially detrimental to the minor?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
There are two reported narrations concerning the validity if the guardian exercises preemption in a detrimental situation. The first opinion holds that the exercise is invalid, and the ownership remains with the original buyer, because the guardian acted as one who possesses no authority to purchase on behalf of the minor in such a manner, similar to purchasing property at a significantly inflated price or purchasing a known defective item. Furthermore, the guardian does not own the preempted property because preemption is exercised based on the right of partnership, which the guardian does not possess. This aligns with the view of Al-Shafi'i.
Supporting text
The second narration states that the exercise of preemption on behalf of the minor is valid because the guardian sought to avert harm from the minor's property, similar to purchasing a hidden defective item without knowledge of the defect. The benefit can be subtle or obscured, potentially lying in the avoidance of partnership liability or the scale of the averted harm, thus negating the requirement to precisely assess the price or benefit, validating the transaction.