If that settlement concerned a share of a house, the right of pre-emption is exercised by paying the equivalent value of that share. Should the settlement have arisen from accidental homicide, the pre-emption may be taken for the amount of the blood-money, although doing so is disapproved.
When a person sells his portion of a piece of land and, in the same transaction, sells along with it some movable property—whether a slave, a garment, jewelry, or an animal—and the co-owner invokes pre-emption, the latter may take the property by paying only the part of the total price that corresponds to the real-estate share. In practice, the total price is apportioned between the real-estate share and the movables included in the deal; whatever portion is assigned to the real-estate share is what the pre-emptor must pay, and he is under no obligation to take the movables with it.
Likewise, if someone buys a share of property subject to pre-emption in exchange for merchandise or livestock, the co-owner may exercise pre-emption by paying the assessed value of that merchandise or animal. If the merchandise is sold by measure or weight, he may pay its like in the same measure or weight.
If a share is sold for dirhams together with merchandise and the co-owner asserts pre-emption, he must pay the value of the merchandise plus an equivalent of the dirham price in dinars, whether reckoned by coin-count or by weight. Should the merchandise no longer exist, the purchaser’s sworn statement regarding its description is accepted unless the pre-emptor produces evidence about the original transaction, in which case an appraisal is made on that basis. If the purchaser refuses to swear, the pre-emptor’s statement prevails once he takes the oath; but if he too declines to swear, he may still pre-empt by paying in cash the value of the share as of the day the sale became binding upon the buyer—not the day he asserted his claim.
If the buyer had contracted to purchase the share for a specified price, and when the seller came to collect the money the buyer instead gave him merchandise, after which the co-owner claimed pre-emption, no attention is paid to what the seller actually received; the pre-emptor may, if he wishes, take the property by paying the original contract price.
Finally, should someone buy a share in a house or a shop and then sell off from it building materials, doors, or the like, and the co-owner later asserts pre-emption, the purchase price is apportioned solely to the house when the right is exercised.