If a person sells a piece of land, do his neighbors have the right of pre-emption?
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. He says: A person has a piece of land next to his, and he needs it. Its owner has offered it for sale. Does he have the right of pre-emption, or is he like any other buyer?
Answer:
The right of pre-emption in the case of neighbors: if boundaries have been established and roads are in place, there is no right of pre-emption unless there is something shared between the neighbors, such as shared facilities, like a water channel or other shared utilities, such as a shared road. This is a matter of scholarly disagreement, and the stronger position is that the right of pre-emption applies in such cases. Yes. If the land has been divided and there is nothing shared between them and no shared facilities, there is no right of pre-emption by consensus. However, if there is something shared between them in terms of facilities, the correct view is that there is a doubt regarding it, in order to prevent harm. Yes.
Honorable Shaykh, may Allah grant you success. He says: A person has a piece of land next to his, and he needs it. Its owner has offered it for sale. Does he have the right of pre-emption, or is he like any other buyer?
Answer:
The right of pre-emption in the case of neighbors: if boundaries have been established and roads are in place, there is no right of pre-emption unless there is something shared between the neighbors, such as shared facilities, like a water channel or other shared utilities, such as a shared road. This is a matter of scholarly disagreement, and the stronger position is that the right of pre-emption applies in such cases. Yes. If the land has been divided and there is nothing shared between them and no shared facilities, there is no right of pre-emption by consensus. However, if there is something shared between them in terms of facilities, the correct view is that there is a doubt regarding it, in order to prevent harm. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1958 -3022] إذا باع شخص أرضا، فهل لجاره حق الشفعة؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
