A partner sold his share years ago without the other’s knowledge; does his partner have the right of pre-emption?
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Question:
He says: Honorable Shaykh, may Allah grant you success. A partner of mine sold his share, and the sale was completed. I learned of the sale afterward. Do I have the right to exercise pre-emption, or is the sale concluded and I have no right?
Answer:
No. As long as you did not know of the sale, you have the right of pre-emption, even if it was years ago. For example, if a person is absent and one day his partner sells to him, he has the right of pre-emption even after a period of time. Likewise, if the partner denies it to him—meaning the partner sold and denied it, and he did not know until after a period of time—he has the right of pre-emption. His right is not dropped unless he knew and left the pre-emption; then his right is dropped. Yes.
He says: Honorable Shaykh, may Allah grant you success. A partner of mine sold his share, and the sale was completed. I learned of the sale afterward. Do I have the right to exercise pre-emption, or is the sale concluded and I have no right?
Answer:
No. As long as you did not know of the sale, you have the right of pre-emption, even if it was years ago. For example, if a person is absent and one day his partner sells to him, he has the right of pre-emption even after a period of time. Likewise, if the partner denies it to him—meaning the partner sold and denied it, and he did not know until after a period of time—he has the right of pre-emption. His right is not dropped unless he knew and left the pre-emption; then his right is dropped. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1470 -2802] باع الشريك نصيبه منذ سنوات دون علم الآخر، هل يحق لشريكه الشفعة؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
