Chapter on Pre-emption (shufʿa)

Pre-emption is the legally enforceable right to wrest one’s partner’s share from the person to whom it has been transferred for a monetary consideration, by paying the price agreed upon in the contract.1

If the transfer occurs without consideration, or the consideration is a dowry, a khulʿ payment, or a settlement for intentional homicide, no pre-emption is due, and it is unlawful to devise stratagems to nullify this right.

The right belongs to a co-owner of land that must be divided; it extends to the trees and buildings on the land but not to its fruits or crops, and a neighbour has no claim to pre-emption.

The claim must be exercised immediately upon learning of the sale; if he fails to demand it at that moment without a valid excuse, it is forfeited. Should he say to the purchaser, “Sell it to me,” or “Make a settlement with me,” or accuse the trustworthy informant of lying, or ask to take only part of the share, the right lapses.2

When two people are entitled to pre-emption, each receives according to his proportionate share; if one waives his right, the other may take the whole share or leave it. If two buyers acquire a single share, or one buyer acquires the shares of two sellers, or one buyer purchases two shares in two plots under a single contract, the pre-emptor may take either share. If a share and a sword are sold together, or part of the sale item perishes, the pre-emptor may take the remaining share for its corresponding portion of the price.