What is the right of pre-emption

What is the right of pre-emption



Definition of pre-emption: It is the right of the partner to buy the share of his partner in everything that is divisible without causing harm to his partner. Ignorant days.

The preemption mentioned in the Noble Prophet’s Sunnah, and the Muslims agreed on the legitimacy of the preemption to prevent harm and pay the dispute, because the right of the intercessor to sell the sale that another person bought bought away from what might happen to him and harm him. Imam Al-Shafi’i said that the damage is the damage of the supply division and the introduction of facilities Damage is the harm of poor sharing.

Some Muslim scholars have granted the right of pre-emption to the dhimmi, as the right of pre-emption has been proven to the Muslim, while some scholars have followed what the Messenger, peace and blessings of God be upon him, said: “There is no intercession for a Christian” and this means that the pre-emption of a dhimmi will not be permitted.


On the authority of Jaber, he said: “The Messenger of God, may God’s prayers and peace be upon him, spent the preemption in every company that was not divided: a quarter (house) or a wall (orchard).” Therefore, the partner must ask his partner permission before he sells. He asks his partner for he is more rightful to him, and it is not permissible to sell without offering him to his partners or his partner.

Among the conditions of pre-emption are that they are in communal areas of land and homes, and the pre-emption should not be in the transported things such as clothes and animals. He set the boundaries, and each partner knew his right, so preemption is not permissible. Some scholars said that preemption is permissible to the partner after dividing the estate, provided that there is something remaining that they share in the division and use of it. Some scholars relied on the words of the Messenger, may God bless him and grant him peace: That is, it is permissible to intercede for the next-door neighbor.

There were many opinions of scholars regarding the issue of preemption, where he saw them that intercession is permissible in everything, and some of them said that intercession is permissible in the gifted thing without compensation, such as gifts, inheritors, and what is recommended.

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