Imam Abū Ḥanīfah and—according to one of the two reports from him—Imam Aḥmad maintained that the right of shufʿah extends to such confined premises, even when their partition cannot be compelled (compulsory division). Ibn ʿAqīl, Ibn al-Jawzī, Taqī al-Dīn Ibn Taymiyyah, and our teacher ʿAbd al-Raḥmān al-Saʿdī likewise adopted this view, relying on the general tenor of the reports that affirm shufʿah and on the narration recorded by al-Tirmidhī and al-Nasāʾī, both with continuous and mursal chains, from Ibn ʿAbbās: “The partner holds the right of preemption in everything.” Shufʿah was instituted to remove the harm of joint ownership, and with this category of property that harm is even greater.

• Resolution of the Council of Senior Scholars, No. (44), dated 3/4/1396 AH:
  “Shufʿah is likewise affirmed in immovable property that cannot be divided, such as a small house or a small shop and the like, owing to the general proofs for it, because such cases fall under the rationale for exercising shufʿah—namely, lifting harm from one’s partner in the sale—and because the scriptural texts legislating shufʿah encompass them.”

As for the locations mentioned in the ḥadīth transmitted by Abū ʿUbayd, even if the report were authentic, the fināʾ is the communal open space between houses, the manqaba is the narrow alley between two dwellings, and the ṭarīq is the public thoroughfare. These three are not privately owned in a way that would permit shufʿah; rather, they are shared amenities among the houses, used according to local custom.