Claiming the Right of Pre-emption When a Partner Sells to an Innovator
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: If I were a partner with another person in a piece of land, and my partner sold his share to an innovator, do I have the right to claim pre-emption in this matter?
Answer:
Even if he were a Sunni, if the partner is a Sunni, you may exercise your right of pre-emption against him. Even if he is from the people of the Sunnah, this is your right. The right of pre-emption is a right belonging to the partner.
Honorable Shaykh, may Allah grant you success. A questioner says: If I were a partner with another person in a piece of land, and my partner sold his share to an innovator, do I have the right to claim pre-emption in this matter?
Answer:
Even if he were a Sunni, if the partner is a Sunni, you may exercise your right of pre-emption against him. Even if he is from the people of the Sunnah, this is your right. The right of pre-emption is a right belonging to the partner.
Source
شرح إغاثة اللهفان من مصائد الشيطان لابن القيم، تابع فصل وإذا تدبرت الشريعة وجدتها قد أتت بسد الذرائع إلى المحرمات — islamhouse.com (55:24)
The Arabic text is a machine transcription of the audio recording.