What is the ruling on the right of pre-emption?
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The questioner : Our Shaykh, I hope you will clarify for us the ruling on the right of pre-emption. What is the ruling on the right of pre-emption?
The Shaykh : The right of pre-emption has become, unfortunately, in my opinion, a thing of the past, meaning people no longer care about it. However, in Islam, the Messenger (peace and blessings be upon him) said: As for the one who is adjacent to him, he has the strongest right to pre-emption. This is what is established in the Sunnah, but I do not know if the laws are following this.
The questioner : To what extent must the adjacency be?
The Shaykh : I mean his neighbor. For example, there is your neighbor, but there is a road between you and him; here there is no road.
The questioner : There is nothing.
The Shaykh : But from here and from here, he is your neighbor, so you have the strongest right to him.
The questioner : Is it practiced in buying and selling?
The Shaykh : Is it practiced... I mean, if someone now sells to a stranger and the nearby neighbor objects, do they accept it?
The questioner : Within three months, within three months, six months.
Abu Layla : ... .
The Shaykh : The right of pre-emption has become, unfortunately, in my opinion, a thing of the past, meaning people no longer care about it. However, in Islam, the Messenger (peace and blessings be upon him) said:
The neighbor has the strongest right to pre-emption over his neighbor
الجار أحق بشفعته من جارهThe questioner : To what extent must the adjacency be?
The Shaykh : I mean his neighbor. For example, there is your neighbor, but there is a road between you and him; here there is no road.
The questioner : There is nothing.
The Shaykh : But from here and from here, he is your neighbor, so you have the strongest right to him.
The questioner : Is it practiced in buying and selling?
The Shaykh : Is it practiced... I mean, if someone now sells to a stranger and the nearby neighbor objects, do they accept it?
The questioner : Within three months, within three months, six months.
Abu Layla : ... .
Source
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