Claiming the right of pre-emption after boundaries have been established and roads diverted
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. Is it derived from his statement, "When the boundaries have been established and the roads diverted, there is no pre-emption," that he has the right to claim pre-emption after the sale?
Answer:
If the boundaries have been established and the roads diverted, there is no pre-emption, neither after the sale nor before the sale; this prevents pre-emption. However, before the boundaries are established and before the roads are diverted, he has the right of pre-emption.
Honorable Shaykh, may Allah grant you success. Is it derived from his statement, "When the boundaries have been established and the roads diverted, there is no pre-emption," that he has the right to claim pre-emption after the sale?
Answer:
If the boundaries have been established and the roads diverted, there is no pre-emption, neither after the sale nor before the sale; this prevents pre-emption. However, before the boundaries are established and before the roads are diverted, he has the right of pre-emption.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الشفعة — islamhouse.com (49:07)
The Arabic text is a machine transcription of the audio recording.
