Selling what is subject to pre-emption along with what is not subject to pre-emption
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Question:
And the Honorable Shaykh, may Allah reward him, if it is money or a bearer, the Shaykh takes the value of the owner.
Answer:
We have explained this. We said: If he sells what is not subject to pre-emption and what is subject to pre-emption, each is appraised, and the value of the two items is combined. The value of each is then proportioned to the total, and he takes from the actual price an amount corresponding to his proportion. He takes from the actual price an amount corresponding to his proportion. This is what they call *al-mahassah* (proportional distribution), *al-mahassah*, just as they said regarding the estate of a deceased person if it is insufficient to cover the debts of the creditors, or the money of a bankrupt if it is insufficient to cover the debts of the creditors, it is distributed among them by *al-mahassah*.
And the Honorable Shaykh, may Allah reward him, if it is money or a bearer, the Shaykh takes the value of the owner.
Answer:
We have explained this. We said: If he sells what is not subject to pre-emption and what is subject to pre-emption, each is appraised, and the value of the two items is combined. The value of each is then proportioned to the total, and he takes from the actual price an amount corresponding to his proportion. He takes from the actual price an amount corresponding to his proportion. This is what they call *al-mahassah* (proportional distribution), *al-mahassah*, just as they said regarding the estate of a deceased person if it is insufficient to cover the debts of the creditors, or the money of a bankrupt if it is insufficient to cover the debts of the creditors, it is distributed among them by *al-mahassah*.
Source
قناة «العلامة الدكتور صالح الفوزان»، 31 من 89|شرح العدة في شرح العمدة|الإجارة|باب الشفعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (59:14)
The Arabic text is a machine transcription of the audio recording.
