The Chapters on Pre-emption
كتاب الشفعة
Chapter 1: One Who Sells A Property Should Notify His Partner (Of His Intention)
“The Messenger of Allah (ﷺ) said: 'Whoever has a date-palm tree or land, should not sell it until he has offered it to his partner.' ”
“Whoever has land and wants to sell it, let him offer it to his neighbor.”
Chapter 2: Preemption By Virtue Of Being Neighbors
“The neighbor has more right to preemption of his neighbor, so let him wait for him even if he is absent, if they share a path.”
“The neighbor has more right to property that is near.”
“I said:'O Messenger of Allah, (what do you think of) land owned by only one person but this land has neighbors?' He said: 'The neighbor has more right to property that is near.' ”
Chapter 3: If The Boundaries Have Been Fixed Then There Is No Preemption
Another chain narrates a hadith similar to the previous one.
“The partner has more right to what is near him, so long as he is still a partner.”
the Messenger of Allah (ﷺ) ruled that preemption takes effect in all cases where land has not been divided. But if the boundaries have been set and the roads laid out, then there is no preemption.”
Chapter 4: Requesting Preemption
“Preemption is like undoing the `Iqal.”
“There is no preemption for a partner when his co-partner has beaten him to it (in another deal before), not for a minor nor one who is absent.”