If he fears that the sale will be annulled, is it permissible for him to leave him in fear that he will demand the right of pre-emption?
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The Shaykh : And here is a matter: if he fears that the sale will be annulled, is it permissible for him to leave him in fear that he will demand the right of pre-emption?
The questioner : Yes.
The Shaykh : Yes?
The questioner : No.
The Shaykh : Hm? You have differed on two opinions. Well, leaving the place is a waiver of his brother's right, which the Shari'ah has established for him. So this is like a stratagem to waive the right of pre-emption by stopping the sale of the property or something similar. In any case, it is a stratagem to waive his brother's right. If someone says, "The hadith is general: 'as long as they have not separated,' and it contains no detail," we say that the intended separation is one that was not intended to waive the other's right. If it was intended to waive the other's right, then actions are judged by intentions. Therefore, it came in the hadith:Bulugh al-Maram 7:59 Its reasoning is clear, so it contains evidence and it contains reasoning.
The questioner : Yes.
The Shaykh : Yes?
The questioner : No.
The Shaykh : Hm? You have differed on two opinions. Well, leaving the place is a waiver of his brother's right, which the Shari'ah has established for him. So this is like a stratagem to waive the right of pre-emption by stopping the sale of the property or something similar. In any case, it is a stratagem to waive his brother's right. If someone says, "The hadith is general: 'as long as they have not separated,' and it contains no detail," we say that the intended separation is one that was not intended to waive the other's right. If it was intended to waive the other's right, then actions are judged by intentions. Therefore, it came in the hadith: