He says, “I sold it for one thousand.” Then the claimant of pre-emption takes it for one thousand.
His statement, “The liability of the claimant of pre-emption is against the buyer, and the liability of the buyer is against the seller”: the basic meaning of ʿuhdah (liability) is that which a person undertakes for another. What is meant here is the liability arising from the contract, because each of the two contracting parties has undertaken toward the other whatever that contract entails. It is what we know as the liability for which a person may be held accountable. Thus, the claimant of pre-emption’s liability is against the buyer, and the buyer’s liability is against the seller.
That is, if it becomes clear that the share is usurped, or that it belongs to someone other than the seller, or something similar; or if the seller sold it to one person and then sold it a second time—which may indeed occur—then against whom does the liability lie? We have three parties: a seller, a buyer, and a claimant of pre-emption. The claimant of pre-emption’s liability is against the buyer; he looks only to the buyer. So if he went to the seller and said, “I found that the land has a defect,” or, “The land belongs to someone else,” or, “The land is mortgaged,” does the claimant of pre-emption have the right to pursue the seller? No. The seller will say to him, “Your claim lies against the buyer. I did not sell it to you.” Thus, the claimant of pre-emption’s liability is against the buyer, and the buyer’s liability is against the seller.
If the claimant of pre-emption seeks recourse from the seller on the basis of this liability, he has no right to do so, except in an issue mentioned earlier: where the seller admits the sale while the buyer denies it. In that case, the claimant of pre-emption’s liability is against the seller, because it has not been established that the buyer purchased it. This case must therefore be excepted: the claimant of pre-emption’s liability is against the buyer, and the buyer’s liability is against the seller, except where the seller alleges a sale and the buyer denies it; in that case, the claimant of pre-emption has no claim of liability against the buyer.