The ruling on one who delays his right of pre-emption for an excuse

The questioner : However, if he delays it for an excuse, such as knowing about it at night and delaying it until morning, or needing to eat or drink, or for ritual purity, or to close a door, or to leave the bathroom, or to go out to pray, or something similar, his right of pre-emption is not invalidated. This is because the custom is to begin with these things, unless the property is present with him, in which case he leaves off the claim, and his right of pre-emption is invalidated, because there is no harm to him in claiming it.

The Shaykh : Now, in the present time, are such things not considered an excuse? Because he has what?

The questioner : Yes.

The Shaykh : A telephone. He has a telephone. He can say, he claims against his partner who bought it, and says, "So-and-so, I heard that my partner sold to you, and I have the right of pre-emption." Yes, if he does not know his number, he is excused. But this is based on what? On the opinion of immediate action. As for if we say that there is a delay, and that a person has a period to review his situation and look at whether it is in the interest to take the right of pre-emption or not, then the matter has already occurred.