Determining the Time Limit for Claiming the Right of Pre-emption
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is there a specific time limit for claiming the right of pre-emption? Because in the laws of some Arab countries, it has been limited to one year from the date of becoming aware of it. Is there evidence for this?
Answer:
This is contrary to the Shari'ah. This is a law that is contrary to the Shari'ah. The right of pre-emption is immediate; it removes the harm from the other party immediately if he takes it, otherwise he has no right of pre-emption. Because the buyer is not left in a state of suspension, not knowing whether he will be pre-empted or not, and the time limit does not pass for him. Yes.
He says: Honorable Shaykh, may Allah grant you success, is there a specific time limit for claiming the right of pre-emption? Because in the laws of some Arab countries, it has been limited to one year from the date of becoming aware of it. Is there evidence for this?
Answer:
This is contrary to the Shari'ah. This is a law that is contrary to the Shari'ah. The right of pre-emption is immediate; it removes the harm from the other party immediately if he takes it, otherwise he has no right of pre-emption. Because the buyer is not left in a state of suspension, not knowing whether he will be pre-empted or not, and the time limit does not pass for him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 41 من 69/شرح أخصر المختصرات/ البيع والمعاملات/ الشفعة، الوديعة,إحياء الموات/الشيخ صالح الفوزان/فقه — youtube.com (1:09:19)
The Arabic text is a machine transcription of the audio recording.