if he fails to do so at the very moment he learns of the sale, the right lapses. But if he was unaware of the sale, his shufʿa remains in force—even after several years. Ibn Hubayrah said, “The scholars unanimously agree that if the right-holder was absent, he may claim shufʿa upon his return.”

Shufʿa is apportioned among the co-owners in proportion to their respective shares, for the right arises from ownership and therefore mirrors its extent. If one partner waives his share, the other must either take the entire property or relinquish it altogether, because taking only part would prejudice the purchaser; and harm is not to be removed by causing further harm.