Is the Option of Session established in pre-emption (shuf'ah)?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The Option of Session is not established in pre-emption because the purchaser's acquisition is negated forcibly, and the pre-emptor claims the sold item without the owner's consent, resembling the annulment of sale due to defect.
Supporting text
It is plausible that the Option of Session is established for the pre-emptor because they accept the sold item for its price, thus resembling the buyer.