Chapter: Shufʿah

Introduction

Shufʿah is pronounced with a ḍamma on the shīn and a sukun on the fāʾ.

Etymologically, the root shafʿ means “a pair,” as opposed to “a single.” When one unit is joined to another, it is said to have been “paired,” and from this sense the term shufʿah is derived, for the person exercising shufʿah adds his partner’s share to his own.

The word shufʿah is used in two ways: (1) for the act of acquisition itself, and (2) for the share that is acquired.

According to the first usage—which is the one intended in this chapter—its legal definition is: the partner’s right to remove his co-partner’s share from the purchaser in return for the purchase price.

According to the second usage, it denotes the particular portion that comes under the ownership of the pre-empting partner.

The legitimacy of shufʿah is established by the Sunnah, the consensus of the scholars, and sound legal analogy.

As for the Sunnah, it is supported by the hadiths cited in this chapter and elsewhere.

Al-Muwaffaq stated, “Whenever the consideration is monetary, shufʿah applies to it by unanimous agreement.”

Wisdom of the ruling:

Because co-ownership of real estate frequently leads to significant harm, serious disputes, and prolonged entanglement, shufʿah was legislated in full accord with sound analogy (qiyās).