The second is that pre-emption applies between co-owners only to divisible real property, not to indivisible property.
The third is that pre-emption applies between co-owners only to residential and landed property, not to other goods. Allah grants success.
As for the first point—that pre-emption applies only between co-owners, and that 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—three aspects of the hadith provide evidence for it:
The first is its explicit wording.
The second is its contrary implication.
The third is its apparent meaning and general scope.
Its explicit wording is his statement:
“Once boundaries have been established and access routes assigned, there is no pre-emption.”
As for its contrary implication, he made pre-emption conditional upon the absence of partition, saying, “Pre-emption applies to property that has not been divided among its co-owners.” This indicates that pre-emption ceases once partition takes place. This is clear.
As for its apparent meaning and general scope, he said, “Pre-emption applies to property that has not been divided.” Since the expression “pre-emption” is general and encompasses every instance of pre-emption, he confined pre-emption as a whole to undivided property. Thus, no right of pre-emption remains in property that has been divided. This is the position of Mālik, may Allah have mercy on him, al-Shāfiʿī and their followers: a neighbour has no right of pre-emption.
Abū Hanīfah, however, affirmed the right of pre-emption for an immediately adjoining neighbour, provided no through road separates the two properties, and for a non-adjoining neighbour if they share a dead-end road. According to them, the person with the strongest entitlement to pre-emption is the co-owner whose share has not been partitioned; next comes the co-owner whose share has been partitioned but who retains a shared right in the road; then comes the non-adjoining neighbour who shares a dead-end road.
Their evidence is the report that the Messenger of Allah, may Allah bless him and grant him peace, said: “The neighbour