What is the ruling regarding *Shuf'a* (pre-emption) when one of two co-owners of a house admits a claim while the other denies it, and a reconciliation follows?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If one of two brothers is sued over a house, and one admits the claim while the other denies it, and the admitting brother reconciles with the claimant over his share for a consideration, the reconciliation is valid, and the denying brother has the right to exercise *Shuf'a* (pre-emption). This is based on the principle that the claimant’s ownership is established by judicial ruling, and the reconciliation is seen as a valid transaction that permits *Shuf'a*, similar to cases where the denial is absolute. This view holds that the denying brother’s denial does not preclude the right of pre-emption.
Supporting text
An alternative view suggests distinguishing between an absolute denial and a denial accompanied by a claim of joint inheritance (e.g., 'We inherited this from our father'). If the denial is tied to inheritance, the denying brother has no right to *Shuf'a* because his claim implies the admitted ownership never ceased and that the reconciliation is void, meaning he cannot benefit from a transaction he deemed invalid. However, the predominant view holds that the right to pre-emption is established regardless of the nature of the denial.