The right of pre-emption of the son over his father and the right of pre-emption of the father over his son
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The questioner:
And the gift of the elder is smaller than what he has done, so the Shari'ah prefers it when the buyer is the father of the one exercising pre-emption.Sahih Muslim 379 Let us proceed to prayer, let us proceed to the place, let us proceed to
The Shaykh:
There is no god but Allah.
Another questioner:
Yes, indeed.
The Shaykh:
The son does not have the right to claim pre-emption over his father. The son does not exercise pre-emption over his father if the buyer is the father and the one claiming pre-emption is the son; in that case, the son has no right of pre-emption over his father. The Messenger of Allah (peace and blessings be upon him) said: And the son does not demand a debt from his father. If he has a debt owed to him by his father, the son is not allowed to demand it.
But if the father gives him something, that is not contrary to the ruling; if he pays him the debt, that is not contrary to the ruling. However, it is not permissible for the son to demand it from him, nor to sue him in the courts, nor to file a complaint against his father. Yes, unless the father offers this thing willingly of his own accord, because the son is under the father's authority. Yes, and the father may take from his wealth whatever he wishes, provided it does not harm the son. Is that clear? The reverse is permissible: the father may exercise pre-emption over his son, because if it is permissible for him to take his wealth without compensation, it is permissible for him to take it by pre-emption. Yes.
And the gift of the elder is smaller than what he has done, so the Shari'ah prefers it when the buyer is the father of the one exercising pre-emption.
there is no god but Allah, I testify that there is no god but Allah; I testify that Muhammad Is the Messenger of Allah, I testify that Muhammad is the Messenger of Allah. Come to the prayer
لا اله الا الله اشهد ان لا اله الا الله اشهد ان محمدا رسول الله اشهد ان محمدا رسول الله هيا على الصلاهThe Shaykh:
There is no god but Allah.
Another questioner:
Yes, indeed.
The Shaykh:
The son does not have the right to claim pre-emption over his father. The son does not exercise pre-emption over his father if the buyer is the father and the one claiming pre-emption is the son; in that case, the son has no right of pre-emption over his father. The Messenger of Allah (peace and blessings be upon him) said:
You and your wealth belong to your father
انت ومالك لابيكBut if the father gives him something, that is not contrary to the ruling; if he pays him the debt, that is not contrary to the ruling. However, it is not permissible for the son to demand it from him, nor to sue him in the courts, nor to file a complaint against his father. Yes, unless the father offers this thing willingly of his own accord, because the son is under the father's authority. Yes, and the father may take from his wealth whatever he wishes, provided it does not harm the son. Is that clear? The reverse is permissible: the father may exercise pre-emption over his son, because if it is permissible for him to take his wealth without compensation, it is permissible for him to take it by 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 (1:02:04)
The Arabic text is a machine transcription of the audio recording.