—that first half reverts to the original co-owner. The sounder view is that if he waives his claim to it, the first purchaser then shares with him in the second half; if he does not waive, he has no share there. The preferred position further holds that, where two people are entitled to shufʿa and one of them relinquishes it, his right is extinguished and the other is given a choice: either to take the whole property or to leave it altogether; he may not confine himself to his own proportion. Likewise, if a single claimant abandons any part of his entitlement, he forfeits it in full.

If one of two pre-emptors is present, he may at once take the entire property; when the absent party appears, he joins him. The sounder opinion, however, is that the present claimant may defer taking until the absentee arrives.

If two people purchase a share, the pre-emptor may take both their portions or the portion of either one of them. When one buyer acquires property from two sellers, the stronger view is that he may take the share of either seller.

The prevailing opinion is that shufʿa must be exercised immediately. Therefore, once the pre-emptor learns of the sale, he should act without delay, in keeping with local custom. Should he be ill, away from the buyer’s town, or afraid of an enemy, he must, if able, appoint an agent; otherwise he should summon witnesses to record his claim. If he neglects to do whichever of these two he is able, his right lapses, according to the more evident view. If he is in prayer, the bath, or at a meal, however, he may finish what he is doing first.

If he delays and says, “I did not believe the informant,” he is not excused when the information was conveyed by two upright witnesses—or, on the stronger view, even by a single trustworthy person. He is excused, though, when the report comes from someone whose testimony is inadmissible.

If he was told that the sale price was one thousand and therefore refrained, only to discover it was five hundred, his right remains; but if it turns out to be more than he was told, it is lost.

Should he meet the buyer and greet him, or say, “May Allah bless your purchase,” his right is not thereby nullified—though another opinion exists with regard to such a supplication.

If the pre-emptor sells his own share while unaware of his right of shufʿa, the sounder opinion is that the right becomes void.