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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the right of pre-emption established for the neighbor?

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Question:
He says: Honorable Shaykh, may Allah grant you success, regarding those who hold that the right of pre-emption is established for a neighbor over his neighbor, what is the stronger position in this issue?

Answer:
The stronger position is that the right of pre-emption is not established for the neighbor. In the hadith
The neighbor has the most right to his neighbor's property,الجار أحق بصقبه،
, meaning by virtue of his neighborliness. Also, because a neighbor may suffer harm from the neighborliness of someone who is not suitable for him. The scholars differ on whether the right of pre-emption is established for the neighbor absolutely, or not established absolutely, or if there is a distinction in it.
The third opinion, which is the preferred one and regarding which a decision was issued by the Committee of Senior Scholars, is that if there is something shared between the two properties, such as a watercourse, for example, like a watercourse or drinking water from a river, or a road between them, if there is something shared between them, then the right of pre-emption is established for the neighbor. If there is a shared road between them, then the right of pre-emption is established for the neighbor.
As for if each one's property is separate from the other's by its own paths and specific features, then there is no right of pre-emption for the neighbor merely by virtue of neighborliness. This is the correct and stronger position. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [1463 -2802] هل تثبت الشُفعةِ للجار؟ - الشيخ صالح الفوزان — youtube.com

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

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