Notification of a Partner Selling His Share of Land and the Right of Pre-emption

Question:
We remind the brothers and sisters on the program’s telephone line that we hope the questions raised will be within the scope of our religious law. We also hope that the brothers who are asking will keep their questions concise and stay away from the television set so that we can hear them clearly from the phone, without any hesitation or echo between the questioner and the answerer. Honorable Shaykh, this questioner says: I am a partner in a piece of land with my partner, and this partner wants to sell his share of the land. Is he required to inform me of the sale?

Answer:
Yes, if the land is divisible, if it is divisible, then he must inform you of the sale. You have the right of pre-emption (shuf'ah) to acquire this person's share from whoever it is sold to, for the same price it was sold for. This is to prevent harm to the partner. Because if a foreign partner enters, some harm may occur. So Allah granted him the right of pre-emption to take his partner's share if he sells it. He must inform him of the sale and not conceal it. Yes.