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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Neighbor's Right of Pre-emption in His Neighbor's Property

Machine translationRead the Arabic original
The questioner:
The Shaykh said: Abu 'Abdullah informed us: Does the neighbor have the right of pre-emption in his neighbor's property or his brother's, due to the generality of the saying of the Messenger of Allah (peace and blessings be upon him), "The neighbor has the strongest right to the pre-emption," and because the harm remains and is not satisfied except by it?

The Shaykh:
The neighbor has the strongest right to the pre-emptionالجار أحق بسقبه
But if it is isolated with its own facilities and rights, and has no connection to the neighbor, there is no pre-emption, no pre-emption, based on the hadith regarding pre-emption in what has not been divided. If it is allocated, if the boundaries are established and the paths are allocated
if the boundaries were well marked or the ways and streets were fixedفَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ
Sahih al-Bukhari 2214
, there is no pre-emption. This is the word of the Messenger of Allah (peace and blessings be upon him).

Another questioner:
It was not intended for your greed. An island in something not intended.

The Shaykh:
The apartments share the entrance and share the facilities, they share the paths and the stairs, and there is pre-emption in these. There is pre-emption in these, and even if each person has his own apartment, they share the facilities, so there is pre-emption according to the correct view. 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 (1:04:25)

The Arabic text is a machine transcription of the audio recording.

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