Is there not harm in delaying the right of pre-emption for a long time due to imprisonment or minority?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, the legal principle is that there is no harm and no reciprocating harm. Delaying the right of pre-emption for a long time due to imprisonment, illness, or minority, is there not harm in that if he is in need of the inheritance?
The Shaykh:
But it is for an excuse, but it is for an excuse, and the harm would be on the pre-emptor. If you prevented him from the pre-emption, the harm is on the pre-emptor here, so the saying of the Messenger (peace and blessings be upon him) applies to him: there is no harm and no reciprocating harm. Yes.
The presenter:
Please proceed.
The Shaykh:
You look at the harm on the buyer, and you do not look at the harm on the pre-emptor. Yes.
Honorable Shaykh, may Allah grant you success, the legal principle is that there is no harm and no reciprocating harm. Delaying the right of pre-emption for a long time due to imprisonment, illness, or minority, is there not harm in that if he is in need of the inheritance?
The Shaykh:
But it is for an excuse, but it is for an excuse, and the harm would be on the pre-emptor. If you prevented him from the pre-emption, the harm is on the pre-emptor here, so the saying of the Messenger (peace and blessings be upon him) applies to him: there is no harm and no reciprocating harm. Yes.
The presenter:
Please proceed.
The Shaykh:
You look at the harm on the buyer, and you do not look at the harm on the pre-emptor. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1961 -3022] أليس في تأخير الشفعة لأجل حبس أو صغر مدة طويلة أليس فيه ضرر؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.