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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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You partnered to develop a piece of land and stipulated that no one may sell his share except to the partners. What is the ruling on this condition?

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Question:
May Allah reward you and bless you. Honorable Shaykh, the brother S-S-S says: We are a group of brothers who have a piece of land held in partnership. We wanted to develop it and stipulated a condition that whoever wants to sell his share has no right to sell it to anyone other than us. If none of us is able to buy his share, he must wait until one of us has the funds to buy it. What is the ruling on this condition in Islamic law?

Answer:
These conditions have no basis. The partner must be able to sell his share of the property or real estate. You have the right of pre-emption (shuf'ah) over him, meaning you can take it from the buyer for the same price he paid. The right of pre-emption is established and is a right. So you have the right of pre-emption over him. If you are all able to exercise it, it is shared among you. The one who is unable or does not want it leaves it for the remaining partners. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، اشتركوا في إعمار أرض، واشترطوا ألا يبيع أحد نصيبه إلا للشركاء، فما حكم هذا الشرط؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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