Claiming the right of pre-emption after a long time has passed
Machine translationRead the Arabic original
Question:
I said: Honorable Shaykh, may Allah grant you success, if a man sells his share in a property to another man, and the partner of this man does not claim the right of pre-emption until a long time has passed since the sale, does the partner have the right of pre-emption after that?
Answer:
It has been narrated to us, and it has come to us, that one of the conditions is that one must claim the right of pre-emption immediately upon learning of it. If he delays it without an excuse, he has no right of pre-emption. This is one of the conditions of the right of pre-emption: that it be claimed immediately. If the request is delayed without an excuse, he has no right of pre-emption. Yes.
I said: Honorable Shaykh, may Allah grant you success, if a man sells his share in a property to another man, and the partner of this man does not claim the right of pre-emption until a long time has passed since the sale, does the partner have the right of pre-emption after that?
Answer:
It has been narrated to us, and it has come to us, that one of the conditions is that one must claim the right of pre-emption immediately upon learning of it. If he delays it without an excuse, he has no right of pre-emption. This is one of the conditions of the right of pre-emption: that it be claimed immediately. If the request is delayed without an excuse, he has no right of pre-emption. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 31 من 89|شرح العدة في شرح العمدة|الإجارة|باب الشفعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (58:33)
The Arabic text is a machine transcription of the audio recording.
