In the name of Allah, the Most Merciful, the Bestower of Mercy. May Allah bless our master Muhammad, his family and his Companions, and grant them peace.

Book of Pre-emption

On Pre-emption

The term shuf‘ah (pre-emption), denoting a co-owner’s taking from the purchaser the share sold by his fellow co-owner at the price the purchaser paid, originated as follows. In the pre-Islamic period, when a man purchased an orchard, a house, or a share in either, a neighbour or co-owner would approach him and intercede with him to transfer it to him, so that his property would become contiguous or harm to him would be averted. When the purchaser granted his request, this was called shuf‘ah; the petitioner was called the pre-emptor, and the purchaser from whom the property was taken was called the party subject to pre-emption.

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It is established that “the Messenger of Allah, may Allah bless him and grant him peace, ruled in favour of pre-emption,” and that he said:

“Pre-emption applies to property that has not been divided among its co-owners. Once boundaries have been established and access routes assigned, there is no pre-emption.”

This hadith yields three points of law.

The first is that pre-emption applies only between co-owners. A neighbour has no right of pre-emption—even if he is jadīd to him with respect to the property—unless he holds an undivided share in it.