Is the right to exercise pre-emption limited by a specific time, or is it not restricted by a particular time period?
Jurists have differed regarding the condition of immediacy for preemption (shufa'a). The majority hold that it must be claimed immediately and that it is forfeited by delay after knowledge of the sale. This is the doctrine of Abu Hanifa and one of the two narrations from Ash-Shafi'i and Ahmad. Malik, Ash-Shafi'i in another opinion, and Ahmad in a narration, held that preemption may be claimed with delay and is not forfeited unless there is something indicating consent. However, Malik qualified the delay to a year or a period during which his abandonment of it becomes known.
The majority based their opinion on the argument that preemption is meant to avert harm from property, and thus must be claimed immediately. Also, affirming it with delay harms the buyer by preventing him from disposing of the sold property. Jurists agreed that lack of knowledge of the sale is an excuse for delaying the claim for preemption.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100084
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 100084
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy