this husband and her separation from him. The co-owner has no right of pre-emption, because this share or portion was transferred without monetary consideration. Our principle is that it must have been transferred in exchange for monetary consideration. This too, however, is a matter of scholarly disagreement.
The correct view is that he does have the right of pre-emption, because the principle that appears to me from the sunnah is that whenever ownership is transferred voluntarily, the right of pre-emption applies in every case.
If we say that he has the right of pre-emption, then how is the price determined? It is determined by appraisal: that is, we ask the experts, “How much is this parcel worth?” If they say that it is worth such-and-such, the pre-emptor takes it for that amount.
His statement, “or a settlement for intentional blood, then there is no pre-emption”: intentional blood means that which establishes the right of retaliation—that is, he takes compensation in exchange for retaliation. The conditions for retaliation will be discussed, Allah willing.
Homicide is of three types: intentional, شبه intentional, and accidental.
Intentional homicide is defined as deliberately targeting someone whom one knows to be a legally inviolable person and killing him with something likely to cause death.
شبه-intentional homicide is the same as intentional homicide, except that we replace the phrase, “with something likely to cause death,” with another expression. We say: “with something not likely to cause death,” or “with something that is likely not to cause death.” For example, if a man strikes someone on the head with a cleaver and he dies, this is intentional homicide. But if another strikes him with a small stick and he dies, this is شبه-intentional homicide. The intent to commit the assault exists in both intentional and شبه-intentional homicide, but the instrument used in intentional homicide kills, whereas that used in the latter does not kill.
Accidental homicide involves no intent; that is, a person does something he is permitted to do