Chapter on Pre-emption

Shaykh al-Islām Ibn Taymiyyah—may Allah have mercy on him—said:

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The imams agree that the right of pre-emption applies to real estate that admits of compulsory partition, such as a village, an orchard, and the like. They disagree, however, about property that does not admit of compulsory partition and can only be divided with resulting harm or a compensatory payment, thus requiring mutual consent. Does the right of pre-emption apply to such property? There are two views.

The first is that it does apply. This is the position of Abū Hanīfah, and it was adopted by some followers of al-Shāfiʿī, such as Ibn Surayj, and a group of Ahmad’s followers, such as Abū al-Wafā ibn Aqīl. It is also al-Muhadhdhab’s report from Mālik. This is the correct view, as we shall explain, Allah willing.

The second is that the right of pre-emption does not apply to such property. This is al-Shāfiʿī’s own position and the view adopted by