The Right of Pre-emption for the Neighbor When a House Is Sold
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: My father had a house and put it up for sale. He spoke to the neighbors and informed them that he wanted to sell it, but they did not respond with anything. Then he sold it to another man. He asks: Does he bear any sin for this? And do the neighbors have the right of pre-emption in this?
Answer:
No, a neighbor does not have the right of pre-emption over his neighbor's property. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2214 The right of pre-emption applies to shared property. As for property that has been divided, where each person's share is known individually, a neighbor does not have the right of pre-emption over his neighbor, except if they share a common facility such as a waterway or a road, in which case he has the right of pre-emption. Yes.
Honorable Shaykh, may Allah grant you success. A questioner says: My father had a house and put it up for sale. He spoke to the neighbors and informed them that he wanted to sell it, but they did not respond with anything. Then he sold it to another man. He asks: Does he bear any sin for this? And do the neighbors have the right of pre-emption in this?
Answer:
No, a neighbor does not have the right of pre-emption over his neighbor's property. The Prophet (peace and blessings be upon him) said:
but if the boundaries were well marked or the ways and streets were fixed, then there was no pre-emption.
فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلاَ شُفْعَةَ
Source
إغاثة اللهفان من مصائد الشيطان 22-05-1438هـ — af.org.sa (51:12)
The Arabic text is a machine transcription of the audio recording.
