Shuf’ah – The right of pre-emption

Bahishti Zewar, Fiqh, Part 5-Principles of Business / Thursday, November 25th, 2010

1. The moment a shafî’ gets the news of a sale and he does not verbally state that he will pre-empt, his right of pre emption will be invalid. It will not be permissible for him to make any claims later. Making a verbal statement immediately is so important that if a shafî’ receives a letter wherein it is mentioned at the beginning that a certain house has been sold and he does not make a verbal statement that he will exercise his right of pre-emption until he completes reading the entire letter, then in such a case his right of pre-emption will become invalid.

2. A shafî’ says: “Pay me a certain amount of money and I will forgo my right of pre-emption.” In such a case, since he is happy to forgo his right, his shuf’ah will be considered to be surrendered. However, since this amounts to bribery, it is therefore harâm to give or to receive this money that he is willing to pay.

3. If the shafî’ asks for the property but passes away before he can receive it, his inheritors will not have the right of pre-emption. But if the actual purchaser of the property passes away, the right of pre-emption will remain with the shafî’.

4. The shafî’ heard that the house was sold for a certain price. He therefore relinquished his right of pre-emption. Thereafter he learnt that it was sold for a lesser price. At such a time he can exercise his right of pre-emption. Similarly, in the beginning he heard that a certain person is the buyer. Later he learns that the buyer is someone else.

Alternatively, in the beginning he heard that half the property has been sold. Later he learns that the entire property has been sold. In all these cases, his relinquishing his right in the beginning, will not invalidate his right of pre-emption.

Leave a Reply

Your email address will not be published. Required fields are marked *