If someone sells an undivided share together with a sword or the like, the pre-emptor may take the share alone for its proportionate part of the price, just as he would if part of the property had perished.

There is no pre-emption in property held jointly with an endowment, in land that was not previously under joint ownership, or for a non-Muslim against a Muslim.

Section

If the purchaser disposes of the property—by gifting it, dedicating it as waqf, pledging it, and the like—before the pre-emptor makes his demand, the right lapses. After the demand, any such disposition is invalid. If the purchaser resells the property, the pre-emptor may take it (1) under whichever of the two sales he prefers.

If the purchaser has built or planted on the land and does not remove what he added, the pre-emptor may either acquire those improvements by paying their value, or have them removed while compensating for any resulting diminution.

If the pre-emptor dies before making his demand, the right is extinguished; if he dies after it, the right passes to his heir.

If he cannot pay part of the price, his right of pre-emption falls. When payment is deferred, he may take the property provided he is solvent; otherwise, he must furnish a guarantor. Should the two differ over the amount of the price, the purchaser’s statement prevails. Any recourse the pre-emptor has lies against the purchaser, and the purchaser’s recourse lies against the seller.

Chapter on Deposits (2)

Accepting a deposit is recommended for one who is able to safeguard it. The custodian is not liable for its loss if no negligence occurred, even were it to perish amidst his own property.