Nor is there any right of pre-emption in a partnership involving an endowment, in property that was not previously owned¹, or for a non-Muslim against a Muslim.

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If the purchaser treats the property as an endowment, gives it away, or pledges it—though not if he bequeaths it—the pre-emption right is lost. If he re-sells it, however, the pre-emptor may take it by paying the price of either of the two sales. The purchaser retains the rental income, any detached increase, the crops, and fruits that have already become visible. Should he have erected buildings or planted trees, the pre-emptor may either acquire them at their assessed value² or demand their removal; the purchaser must make good any resulting depreciation, and he may remove them himself provided this causes no harm.

If the pre-emptor dies before lodging his claim, the right lapses; if he dies after claiming, it passes to his heir, who must take the entire share for the full price. If he is unable to pay any part of that price, the pre-emption right is forfeited. When the price is deferred, a solvent claimant may assume the debt, whereas an insolvent one must produce a solvent guarantor.

In the event of dispute and the absence of evidence, the purchaser’s word is accepted. Thus, if he says, “I bought it for one thousand,” the pre-emptor must take it at that price³, even if the seller proves a higher amount⁴. If the seller admits the sale while the purchaser denies it, pre-emption still takes effect; any warranty claim of the pre-emptor is against the purchaser, and any claim the purchaser has is against the seller.