Chapter 13- Ash·Shurah (Preempting the sale of a co·owner's Share to another)

924. Jabir bin 'Abdullah narrated, 'The Messenger of Allah decreed the right of preemption (to the partner) in every joint property (i.e. which is not clearly divided between partners), but if the boundaries of the property were demarcated or the ways and roads were fixed, then there is no preemption.' Agreed upon and the wording is from Al-Bukhari'.





925. In Muslim's version, 'Preemption is applicable in every joint property, whether land, a dwelling or a garden. It is not valid -in another version 'it is not lawful- for the partner to sell his
share before informing his partner.'







926. Anas bin Malik narrated that the Messenger of Allah said,"The neighbor of the house is the one who has the most right to buy it." Related by An-Nasa'i. Ibn Hibban graded it as Sahih but it has a defected chain of narrators.






927. Abu Rafi narrated that the Messenger of Allah said, "The neighbor has more right than anyone else because of his nearness." Related by AI-Bukhari and al-Hakim.





928, Jabir narrated that the Messenger ef Allah said, "The neighbor has the most right to the preemption of his neighbor's property. He should be waited for (before selling it)even if he was absent, when the two properties share the same road." Related by Ahmad and the four Imams with a reliable chain of narrators.






929. Ibn 'Umar narrated that the Messenger of Allah said, ''The right of the neighbor for preemption is similar to loosening a strap. (284) Related by Ibn Majah and Al-Bazzar who added, "There is no preemption for one who is absent!' But it is narrated through a weak chain of narrators.

284. The Prophet is drawing a parallel between tho two cases. When the strap of the camel is loosened it flees immediately, the same applies if the neighbor does not hurry to buy the property which is on sale. then his right to buy it will be lost just as fast as the running of the camel. But this Hadith is weak