Is it permissible to claim preemption (shufʿah) for a share in a jointly-owned land (ard mushāʿ) where the seller, the questioner's paternal uncle, sold his share to his nephew (the seller's brother's son), whose share had been previously sold, knowing that 50 years have passed since the sale and all concerned parties have passed away?
It was previously stated that a person who has the right of pre-emption does not lose their right to it if they are unaware of the sale. If they become aware of it, they should act promptly. But if they do not know and years pass, they still have their right of pre-emption.
If the deceased became aware of the sale and remained silent, their right is forfeited. However, if they did not know until they passed away, their right of pre-emption transfers to their heirs, because it is among the rights related to property. Nevertheless, issues of disputes and lawsuits must be brought before the courts or discussed directly with scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 123090
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy