along—who is one of the most difficult of Allah’s servants. So if the car breaks down, for example, he causes him trouble over its repair and is not accommodating with him. Which of the two has the greater right: the first partner who sold his share, or the new partner? Undoubtedly, it is the first. Thus, the partner is harmed by this new co-owner, whereas the right of pre-emption was prescribed only to ward off the harm caused by a new co-owner. Accordingly, the stronger view is that the right of pre-emption is established in every jointly owned property, whether it is land, vessels, furnishings, or anything else.
His statement, “the property must be subject to compulsory division,” excludes that which cannot be compulsorily divided, such as small houses, small plots of land, and the like; there is no right of pre-emption in such cases. This was mentioned shortly before. It is clear that this requires evidence. They said: the evidence is the hadith of Jabir, may Allah be pleased with him: “When the boundaries have been fixed and the roads have been allocated, there is no right of pre-emption.” (1) Boundaries can only be fixed in extensive properties that can be divided.
The answer to this is straightforward: his statement, “When the boundaries have been fixed,” includes everything that can be divided, whether its division is compulsory or voluntary. Even property whose division is voluntary may have its boundaries fixed and its roads allocated. Thus, the hadith provides no evidence for this view.
The correct view, therefore, is that the right of pre-emption is established even in land that can be divided only voluntarily, contrary to the author’s statement, may Allah have mercy on him.
His statement, “The trees planted in it and the buildings follow it, but not the fruit or crops,” means that if a co-owner exercises his right of pre-emption regarding land containing planted trees and buildings, the trees and buildings follow the land, provided that they were present on it at the time of sale. As for fruit and crops, they do not follow it, because the Prophet, peace and blessings be upon him, said: “Whoever sells date palms after they have been pollinated...”