The ruling on a partner selling his share to a non-partner and taking the matter to the court
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: Does a partner commit a sin if he sells his share to someone other than his partner? And does the partner have the right to take the matter to the court in order to claim the right of pre-emption?
Answer:
Yes, he must announce to his partner that he intends to sell his shared stake to others, because the partner has the right of pre-emption. He must not conceal this from him; concealing it does not invalidate the partner's right. Rather, he must make it clear to him, saying, "I want to sell," and inform him that he intends to sell. Yes.
Honorable Shaykh, may Allah grant you success. A questioner says: Does a partner commit a sin if he sells his share to someone other than his partner? And does the partner have the right to take the matter to the court in order to claim the right of pre-emption?
Answer:
Yes, he must announce to his partner that he intends to sell his shared stake to others, because the partner has the right of pre-emption. He must not conceal this from him; concealing it does not invalidate the partner's right. Rather, he must make it clear to him, saying, "I want to sell," and inform him that he intends to sell. Yes.
Source
المنتقى من أخبار سيد المرسلين 15-06-1439هـ — alfawzan.live (38:15)
The Arabic text is a machine transcription of the audio recording.