Chapter: Pre-emption (shufʿah)
A non-Muslim has no right of shufʿah against a Muslim.
A co-owner is entitled to shufʿah in property that has departed from his partner’s ownership¹, subject to five conditions:
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That the property has been sold; there is no shufʿah in property whose ownership² has passed by any means other than sale.
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That the share be undivided and part of real estate; therefore, a neighbour has no shufʿah, nor is there shufʿah in things that are not real estate, such as individual trees or separate buildings³. Plantations and structures are taken along with the land.
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That the shufʿah be demanded the moment he learns of the sale; if he delays⁴ the demand without a valid excuse, the right lapses, and ignorance of the ruling is deemed an excuse.
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That he take the whole of the sold property; should he seek to take only part while leaving the rest, the right is forfeited. When there are several pre-emptors, the property is divided among them in proportion to their respective shares.
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That the pre-emptor’s⁵ ownership of the very land precedes; thus, two people who purchase a property together acquire no right of shufʿah against one another.
Any disposition made by the purchaser after the pre-emptor has taken the property through shufʿah is void, whereas whatever he carried out beforehand remains valid.
The pre-emptor must pay the purchaser the price stipulated in the contract; if