Is the right of pre-emption dropped if the pre-emptor learns of the sale of a share and does not exercise it immediately?
Machine translationRead the Arabic original
Question:
If the pre-emptor learns of the sale of the share and does not exercise his right immediately, is the right of pre-emption dropped in that case?
Answer:
If he has a barrier preventing him from claiming it, his right of pre-emption is not dropped; when the barrier is removed, he may exercise it. If he learned of it while praying, and it is not permissible to speak during the prayer, or in a state where he is unable to speak, then he is excused. However, if he learns of the sale and there is no barrier to claiming the right of pre-emption, and he leaves it, then it is dropped. This is because in the hadith: Yes, what harms the buyer is that the buyer is harmed if he leaves the right of pre-emption for a period and then claims it; the buyer is harmed by that. Yes.
If the pre-emptor learns of the sale of the share and does not exercise his right immediately, is the right of pre-emption dropped in that case?
Answer:
If he has a barrier preventing him from claiming it, his right of pre-emption is not dropped; when the barrier is removed, he may exercise it. If he learned of it while praying, and it is not permissible to speak during the prayer, or in a state where he is unable to speak, then he is excused. However, if he learns of the sale and there is no barrier to claiming the right of pre-emption, and he leaves it, then it is dropped. This is because in the hadith:
The right of pre-emption is like the untying of a headband,
الشفعة حل كحل العقال،
Source
قناة «العلامة الدكتور صالح الفوزان»، هل تسقط الشفعة إن علم الشفيع ببيع الشخص، ولم يشفع على الفور؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
