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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Building the buyer's house before the right of pre-emption and what he returns

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Question:
He says: Honorable Shaykh, may Allah grant you success. If the buyer builds on the land before the pre-emption is exercised, and then the partner exercises his right of pre-emption after learning of the sale, does the buyer have the right to claim from the seller the value of the building? The partner, after learning of the sale, does the buyer have the right to claim from the seller the value of what he built? Because the buyer does not benefit from the building after it is demolished?

Answer:
This has been mentioned previously. If there is a building on it, the pre-emptor has the right to demand that the land be vacated, and he must compensate the buyer for the loss resulting from the vacating. He also has the right to take ownership of the buildings and trees at their market value.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/96 شرح زاد المستقنع/ صالح الفوزان — youtube.com (26:56)

The Arabic text is a machine transcription of the audio recording.

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