Does a disbeliever have the right of pre-emption over a Muslim?
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The Shaykh : Yes, Salim
The questioner : The right of pre-emption is ... between a disbeliever and a Muslim, O Shaykh.
The Shaykh : As you heard, the opinion of the Shaykh al-Islam is that a disbeliever has no right of pre-emption over a Muslim, and this is the correct view. This is because if we were to say that a disbeliever has the right of pre-emption over a Muslim, we would empower the disbeliever to take the Muslim's property by force, and this would be a humiliation for the Muslim. Some scholars said that he has the right of pre-emption because it is one of the rights of ownership, not one of the rights of the owner. However, the well-known view in the school of thought, and the correct one, is that he does not have the right of pre-emption.
The questioner : May Allah reward you with good
The questioner : The right of pre-emption is ... between a disbeliever and a Muslim, O Shaykh.
The Shaykh : As you heard, the opinion of the Shaykh al-Islam is that a disbeliever has no right of pre-emption over a Muslim, and this is the correct view. This is because if we were to say that a disbeliever has the right of pre-emption over a Muslim, we would empower the disbeliever to take the Muslim's property by force, and this would be a humiliation for the Muslim. Some scholars said that he has the right of pre-emption because it is one of the rights of ownership, not one of the rights of the owner. However, the well-known view in the school of thought, and the correct one, is that he does not have the right of pre-emption.
The questioner : May Allah reward you with good