The Right of Pre-emption in a Share That Cannot Be Divided
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If one party refuses to sell in a share that cannot be divided, and the other is forced to sell, but the first does not want to buy, yet he has no money, so he buys from the first, is the second compelled to remain, even under compulsion?
Answer:
This involves the right of pre-emption. If a small share is sold that cannot be divided, the remaining partner exercises pre-emption and takes the partner's share. Yes. And if the one who sells the pre-empted share, the buyer enters with him and becomes his partner in place of the first. Yes.
He says: Honorable Shaykh, may Allah grant you success. If one party refuses to sell in a share that cannot be divided, and the other is forced to sell, but the first does not want to buy, yet he has no money, so he buys from the first, is the second compelled to remain, even under compulsion?
Answer:
This involves the right of pre-emption. If a small share is sold that cannot be divided, the remaining partner exercises pre-emption and takes the partner's share. Yes. And if the one who sells the pre-empted share, the buyer enters with him and becomes his partner in place of the first. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 119 من 123 / شرح كتاب زاد المستقنع / الشهادات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (25:08)
The Arabic text is a machine transcription of the audio recording.