The establishment of the right of pre-emption in a duplex divided into two units
Machine translationRead the Arabic original
Question:
Does the right of pre-emption apply to a duplex divided into two independent units, or what is called a duplex?
Answer:
The jurists have stated that if neighbors share a path between them or something similar, the right of pre-emption is established for one of them over the other, according to the correct opinion. If they share a facility, the right of pre-emption is established for the partner. This is based on a second opinion, other than the school of jurisprudence, and a decision was issued by the great scholars that the right of pre-emption is established if there is something shared between neighbors from the facilities, such as a passage, for example, or a drainage channel, a longitudinal drainage channel, or water. Yes.
So it falls under this category. This is from the apartments, from this category. Neighbors have something shared between them, so the right of pre-emption is established for one of them over the other, according to the second opinion.
Does the right of pre-emption apply to a duplex divided into two independent units, or what is called a duplex?
Answer:
The jurists have stated that if neighbors share a path between them or something similar, the right of pre-emption is established for one of them over the other, according to the correct opinion. If they share a facility, the right of pre-emption is established for the partner. This is based on a second opinion, other than the school of jurisprudence, and a decision was issued by the great scholars that the right of pre-emption is established if there is something shared between neighbors from the facilities, such as a passage, for example, or a drainage channel, a longitudinal drainage channel, or water. Yes.
So it falls under this category. This is from the apartments, from this category. Neighbors have something shared between them, so the right of pre-emption is established for one of them over the other, according to the second opinion.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/96 شرح زاد المستقنع/ صالح الفوزان — youtube.com (35:45)
The Arabic text is a machine transcription of the audio recording.
