If a partner does not buy his partner's share at the auction, does he have the right to claim the right of pre-emption after the sale?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a person sells his shared property at a public auction, and the partner was present but did not enter the bidding until the sale was completed to another person, and then he claimed the right of pre-emption, does he have that right?
Answer:
Yes, it is not required that he buy it. If the person sold it and he claimed the right of pre-emption, he has that right. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a person sells his shared property at a public auction, and the partner was present but did not enter the bidding until the sale was completed to another person, and then he claimed the right of pre-emption, does he have that right?
Answer:
Yes, it is not required that he buy it. If the person sold it and he claimed the right of pre-emption, he has that right. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1478 -2802] إذا لم يشتر الشريك حصة شريكه في المزاد، هل له أن يطالب بحق الشفعة بعد البيع؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.