The ruling on the right of pre-emption if a partner sells to a relative for a price less than the value
Machine translationRead the Arabic original
The questioner : A person came and said, "I will sell to you at this price for a relative of mine, because he is a relative of mine." Does the one with the right of pre-emption take it at the same price? Even though he says, "I started with this price because he is my relative, or because he has a special status."
The Shaykh : Okay, you, the partner, sold for example for ten, and it is worth twenty, because he is your relative or your friend. You benefited your friend now.
Another questioner : What is wrong with you? Did you see the fire from the same source?
The Shaykh : Yes, he takes it at the same value, at the price agreed upon in the contract. But if he schemed and showed that the price is twenty thousand while it is worth ten, and the partner says, "I will not take it for twenty thousand." Then it becomes clear that the true price is ten, does he take it or not? He takes it, he takes it at the price, yes. No, he did not sell to him; when he sold to his relative, it exited from him. From the partner, when the partner sold to a stranger, his partner had the right of pre-emption. He is not selling; the seller sold to a man.
Yes, and now I say, for example, you have a relative to whom you sold your share for ten thousand, and it is worth one hundred thousand, and I am his partner, I take it from your relative for ten thousand. The important thing is that he is willing to exit his ownership in this situation.
Another questioner : He takes it from them in the first place.
The Shaykh : It is not good, how is it not good? They sold for good, but he wanted it for a relative? He wanted it, no problem.
Another questioner : A relative is not obligated.
The Shaykh : It is not that the sale is obligatory; the sale to the relative now does not come to harm. Because ten... the Prophet (peace and blessings be upon him) will take them. This is the partner's share, and therefore in such a case, if he fears the right of pre-emption, it is good that he sell and return at its value, at its worth, and then give him from the value whatever he wishes.
The Shaykh : Okay, you, the partner, sold for example for ten, and it is worth twenty, because he is your relative or your friend. You benefited your friend now.
Another questioner : What is wrong with you? Did you see the fire from the same source?
The Shaykh : Yes, he takes it at the same value, at the price agreed upon in the contract. But if he schemed and showed that the price is twenty thousand while it is worth ten, and the partner says, "I will not take it for twenty thousand." Then it becomes clear that the true price is ten, does he take it or not? He takes it, he takes it at the price, yes. No, he did not sell to him; when he sold to his relative, it exited from him. From the partner, when the partner sold to a stranger, his partner had the right of pre-emption. He is not selling; the seller sold to a man.
Yes, and now I say, for example, you have a relative to whom you sold your share for ten thousand, and it is worth one hundred thousand, and I am his partner, I take it from your relative for ten thousand. The important thing is that he is willing to exit his ownership in this situation.
Another questioner : He takes it from them in the first place.
The Shaykh : It is not good, how is it not good? They sold for good, but he wanted it for a relative? He wanted it, no problem.
Another questioner : A relative is not obligated.
The Shaykh : It is not that the sale is obligatory; the sale to the relative now does not come to harm. Because ten... the Prophet (peace and blessings be upon him) will take them. This is the partner's share, and therefore in such a case, if he fears the right of pre-emption, it is good that he sell and return at its value, at its worth, and then give him from the value whatever he wishes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3678 - 4600 لو أن الشريك أراد أن يبيع ملكه على قريبه بسعر أقل فشفع الشريك الآخر هل...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.