The Chapters on Pre-emption

كتاب الشفعة

Chapter 1: One Who Sells A Property Should Notify His Partner (Of His Intention)

It was narrated that Jabir said

“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.' ”

It was narrated from Ibn Abbas that the Prophet (ﷺ) said

“Whoever has land and wants to sell it, let him offer it to his neighbor.”

Chapter 2: Preemption By Virtue Of Being Neighbors

It was narrated from Jabir that the Messenger of Allah (ﷺ) said

“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.”

It was narrated from Abu Rafi' that the Prophet (ﷺ) said

“The neighbor has more right to property that is near.”

It was narrated that Sharid bin Suwaid said

“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

It was narrated from Abu Hurairah that

Another chain narrates a hadith similar to the previous one.

It was narrated from Abu Rafi' that the Messenger of Allah (ﷺ) said

“The partner has more right to what is near him, so long as he is still a partner.”

It was narrated from Jabir bin Abdullah that

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

It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said

“Preemption is like undoing the `Iqal.”

It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said

“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.”