Is it permissible to annul the sale of a shop that was concluded with one person, and to draw up a new sales contract with the tenant who requested to purchase it at the same agreed-upon price?

The jurists differed on who has the right of preemption (shuf'a) into three opinions:

1. For the partner who has not yet divided (the property): This is the view of the majority, who cite the hadith of Jabir: "The Messenger of Allah (peace and blessings of Allah be upon him) decreed preemption for every property that has not been divided. But when the boundaries are set and the roads are allocated, there is no preemption."

2. For the partner and the adjacent neighbor: This is the view of Abu Hanifa and a narration from Ahmad. Their evidence is the hadith of Samurah: "The neighbor of the house has a greater right to the house."

3. For the partner, and for the neighbor if there is a shared right between them, such as a road or an entrance: This is the most preponderant view, and it is a narration from Ahmad and the choice of Shaykh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. They cite the hadith of Jabir: "The neighbor has a greater right to the preemption of his neighbor... if their path is one."

As for the lessee, there is no preemption for him by agreement, because there is no harm to him, and his eventual departure is certain.