The Ruling on Pre-emption (Shuf'ah) When a Partner Transfers His Ownership Without Compensation as a Gift

The Shaykh : As for when the transfer occurs without compensation, there is no pre-emption. For example, if a partner gives his share of this property to someone, he is not like a partner who sells, because valuation is not possible, as the jurists (may Allah have mercy on them) stated. They said, "And because it was transferred without compensation, it is like a gift." However, there is a point to consider here. We say that if it is a gift, it is valued and its worth is determined. One would ask, "How much is this property that the partner gave away worth?" If the answer is that it is worth such and such, we tell the partner, "Take it for its value and give the recipient of the gift this amount." There is no harm in this, neither for the recipient of the gift nor for the donor, because the donor has relinquished it and removed it from his ownership, and the recipient of the gift has obtained compensation for the gifted property.