The Ruling on the Right of Pre-emption in a Sale Where a Cancellation Has Occurred

Question : Likewise, the right of pre-emption is not obligatory in this case. This applies to ownership shared between two men, where one of them sells his share to a third party; the other partner, who did not sell, has the right to take that share by pre-emption because it was a sale. However, if it were a cancellation (iqalah)—for example, if he sold his share, and then the buyer of that share came to the seller and said, "I regret it and want you to cancel the sale," and the seller agreed to cancel it—then that sold share returns to the original seller, who is the partner. Does his partner have the right to take it by pre-emption? Because it transferred from the buyer to him? Yes, because it transferred from the buyer to him. The answer is:

Answer : No, because this is not a sale.