The Meaning of the Condition of Prior Ownership in Pre-emption
Machine translationRead the Arabic original
Question:
The jurists (may Allah have mercy on them) mentioned that one of the conditions of pre-emption is that the pre-emptor must have prior ownership. If two people buy [a property] in a single transaction, then neither has the right of pre-emption over the other. So, O Shaykh, please explain to us the meaning of that, and what is intended by “neither has the right of pre-emption over the other”?
Answer:
This is in the first case, if they bought the entire land together. They all bought it together, they all paid the price, and it became their property. None of them has the right to pre-empt the other in this contract by which they acquired ownership of the land. Rather, if some of them sell it later, then the partner has the right of pre-emption over his partner. Yes. As for the contract by which they entered into ownership of the land, none of them has the right to pre-empt the other, because there was no prior ownership; this ownership was only acquired by virtue of this contract.
The jurists (may Allah have mercy on them) mentioned that one of the conditions of pre-emption is that the pre-emptor must have prior ownership. If two people buy [a property] in a single transaction, then neither has the right of pre-emption over the other. So, O Shaykh, please explain to us the meaning of that, and what is intended by “neither has the right of pre-emption over the other”?
Answer:
This is in the first case, if they bought the entire land together. They all bought it together, they all paid the price, and it became their property. None of them has the right to pre-empt the other in this contract by which they acquired ownership of the land. Rather, if some of them sell it later, then the partner has the right of pre-emption over his partner. Yes. As for the contract by which they entered into ownership of the land, none of them has the right to pre-empt the other, because there was no prior ownership; this ownership was only acquired by virtue of this contract.
Source
قناة «العلامة الدكتور صالح الفوزان»، 31 من 89|شرح العدة في شرح العمدة|الإجارة|باب الشفعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:10)
The Arabic text is a machine transcription of the audio recording.
