The Ruling on Pre-emption in a Lease Between Partners
Machine translationRead the Arabic original
The questioner : Yes. Honorable Shaykh, may Allah bless you, is pre-emption established only in what is owned?
The Shaykh : In.
The questioner : Only in what is owned, meaning owned by two people, or is it valid even in what they are entitled to by right?
The Shaykh : No, ownership is necessary. Entitlement may be lacking.
The questioner : For example, if two men rented an apartment, and one of them leases his share to a third party?
The Shaykh : It does not happen that way. Does pre-emption apply to the lease? The school of thought holds that it is not executed because it is not accepted. The second opinion is that if the lease is short, such as a month or half a month, there is no pre-emption, because if there is any harm, it is slight. If it is permanent or long-term, then there is pre-emption, and this is the correct opinion.
The Shaykh : In.
The questioner : Only in what is owned, meaning owned by two people, or is it valid even in what they are entitled to by right?
The Shaykh : No, ownership is necessary. Entitlement may be lacking.
The questioner : For example, if two men rented an apartment, and one of them leases his share to a third party?
The Shaykh : It does not happen that way. Does pre-emption apply to the lease? The school of thought holds that it is not executed because it is not accepted. The second opinion is that if the lease is short, such as a month or half a month, there is no pre-emption, because if there is any harm, it is slight. If it is permanent or long-term, then there is pre-emption, and this is the correct opinion.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [5513] حكم الشفعة في الإجارة التي للشريكين - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.