The Partner’s Condition in the Right of Pre-emption Based on the Buyer
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: If one of the partners learns that his partner wants to sell his share, is he allowed to impose a condition on him, saying, “If you sell it to so-and-so, I will not exercise my right of pre-emption, but if you sell it to so-and-so, I will exercise it,” because he knows he will be harmed by the second buyer more than the first?
Answer:
No, this is not valid; this does not restrict him. However, he has the right of pre-emption if he wants it. But if he learns of the sale and does not claim it, his right of pre-emption is dropped.
Honorable Shaykh, may Allah grant you success. A questioner says: If one of the partners learns that his partner wants to sell his share, is he allowed to impose a condition on him, saying, “If you sell it to so-and-so, I will not exercise my right of pre-emption, but if you sell it to so-and-so, I will exercise it,” because he knows he will be harmed by the second buyer more than the first?
Answer:
No, this is not valid; this does not restrict him. However, he has the right of pre-emption if he wants it. But if he learns of the sale and does not claim it, his right of pre-emption is dropped.
Source
المنتقى من أخبار سيد المرسلين 15-06-1439هـ — alfawzan.live (1:05:51)
The Arabic text is a machine transcription of the audio recording.