The Ruling on Pre-emption (Shuf'ah) When Circumventing It by Writing the Land as a Gift
Machine translationRead the Arabic original
Question:
And I said, O Abu al-Shaykh (may Allah have mercy on him), if he circumvents the ruling and writes in the deed that the land is a gift, does his partner in the pre-emption have the right to claim it?
Answer:
If it is established that he is circumventing the ruling, that it is a sale, and that this person is a seller and not a donor, then he has the right of pre-emption, provided this is established.
And I said, O Abu al-Shaykh (may Allah have mercy on him), if he circumvents the ruling and writes in the deed that the land is a gift, does his partner in the pre-emption have the right to claim it?
Answer:
If it is established that he is circumventing the ruling, that it is a sale, and that this person is a seller and not a donor, then he has the right of pre-emption, provided this is established.
Source
قناة «العلامة الدكتور صالح الفوزان»، 31 من 89|شرح العدة في شرح العمدة|الإجارة|باب الشفعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:07:11)
The Arabic text is a machine transcription of the audio recording.