He was asked:
A man jointly owned a property and needed to sell his share. Someone offered him a specified sum for it, and he sold it. He then said, “Weigh out for me the amount you offered,” but the buyer paid him less than the usual value. Is he obliged to pay that amount? Does the co-owner have a right of pre-emption?
He replied:
If he sold it for a specified price, the buyer must pay that price. If the sale was invalid and restitution is no longer possible, he must pay its fair market value. If the share is subject to pre-emption, the co-owner has the right to exercise it. Allah knows best.
He—may Allah have mercy on him—was also asked:
A man purchased a share subject to pre-emption. Whenever the person entitled to pre-emption claimed it, the buyer presented the sale as having taken place without a legally sufficient inspection, so the judge annulled it. The buyer acknowledged that the seller bore no liability for the sum he had received, and the share was made an endowment for the buyer’s benefit—all to thwart pre-emption. Does this extinguish the right of pre-emption? And are these