or donor among the pre-emptors has a right of pre-emption against him, unless they have equal standing with him, in which case they are entitled to their respective shares.

The second view is that this is impermissible: the sale is annulled, and the pre-emptor retains his right of pre-emption. The gift’s legal effect is likewise annulled, but it remains effective as a relinquishment of that right. As for the pre-emptor selling or giving his share to the person seeking pre-emption before he himself has exercised that right, this is impermissible by agreement. Relinquishing the right of pre-emption in return for payment after it has accrued, however, is permissible by agreement. Success is granted by Allah.

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A pre-emptor may not exercise his right of pre-emption on someone else’s behalf, nor may he exercise it for resale. Ashhab considered it preferable that he should not be permitted to do so. A person who is ill, however, may exercise his right of pre-emption without objection, even though, in this condition, he does so for his heirs’ benefit. For if he does not exercise it during his illness, they may exercise it for themselves after his death.

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There is disagreement over the period after which the right of pre-emption lapses for someone who is present and aware of the sale but remains silent and does not assert his right. Ashhab held, and related from Mālik, that the limit is one year. Ibn al-Qāsim stated in al-Mudawwana, also relating this from Mālik, that one year is too short and that the right lapses only after a longer period.

In al-Wādiha, Ibn Habīb related from Mutarrif and Ibn al-Mājishūn that the pre-emptor retains his right unless the ruler requires him to choose between exercising it and relinquishing it, and he relinquishes it; or he voluntarily relinquishes it and has this witnessed; or enough time passes to indicate that he has abandoned it. Five years is too short, unless the purchaser builds a house or plants trees on the property, in which case the right lapses sooner. According to this report, he thus appears to regard the period after which pre-emption lapses as the period required for possession to bar a claim. This is explicitly stated by Ibn al-Mājishūn in al-Mabsūta: the right of pre-emption of someone who is present does not lapse until the passage of