While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet (ﷺ) came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet (ﷺ) saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.
The Hadith of Pre-emption (Shuf'a)
From Sahih al-Bukhari 2258: This narration establishes the Islamic legal principle of pre-emptive right (shuf'a) for neighbors and co-owners in property transactions.
Scholarly Commentary
The Prophet's statement "The neighbor has more right than anyone else because of his nearness" demonstrates that proximity creates certain rights in Islamic law. This applies particularly when selling adjacent property.
Abu Rafi' accepted a significantly lower price (4,000 dirhams versus 5,000 dirhams offered by others) to honor the Prophetic teaching. This shows the importance of fulfilling religious obligations over mere financial gain.
The transaction between Sa'd and Abu Rafi' illustrates how shuf'a works in practice - the neighbor is given priority to purchase adjacent property before it is offered to outsiders.
Classical scholars derive from this that shuf'a is primarily established for partners in jointly-owned property and for immediate neighbors, as their rights take precedence over strangers in property matters.
Legal Implications
This hadith forms the foundation for Islamic property law regarding pre-emptive rights. The Hanafi school considers shuf'a obligatory (wajib) while other schools regard it as recommended (mustahabb).
The price differential accepted by Abu Rafi' (accepting 4,000 dirhams instead of 5,000 dirhams) demonstrates that religious considerations should outweigh purely financial interests in Muslim transactions.