before that, just as it does not divest the buyer of ownership. Rather, the matter remains in abeyance: if the co-owner acquires the share by pre-emption, the prior disposition concerning it is invalidated, according to those who hold this view; otherwise, it remains valid.

He—may Allah have mercy on him—was asked:

Concerning a man who bought half a courtyard, while another man bought the other half and made his share an endowment before the first co-owner claimed pre-emption. The first co-owner then said, “I shall acquire it by pre-emption.” Is he entitled to do so?

He replied:

If the matter is as stated, he has no right of pre-emption, for the second buyer made his share an endowment, so it is not subject to pre-emption. The first buyer’s right of pre-emption has lapsed because, after learning of the sale, he delayed making his claim until the share had passed out of the buyer’s ownership through an endowment or otherwise. Thus, he has no right of pre-emption.

If, however, the buyer transferred it out of his ownership by selling it before the co-owner learned of the sale, the co-owner retains his right of pre-emption. As for an endowment or a gift, there is scholarly disagreement. Allah knows best.