Is the right of preemption (*Shuf'ah*) waived through settlement?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 5 · Bab 1

Open in Qurani

Primary text

A settlement regarding the right of preemption is invalid. This right is established contrary to the general rule to prevent the harm associated with joint ownership. If the claimant willingly accepts the harm of co-ownership, the right is waived without compensation, similar to the punishment for slander. However, unlike slander, the right of preemption is waived unanimously because it is a right belonging to an individual.