Is the neighbor entitled to purchase the land by preemption two months after its acquisition, and is it permissible to claim compensation for all expenses and the offered increase?
Scholars have agreed upon the establishment of pre-emption (shafa'a) for a partner in real estate before its division, but they have differed on its establishment for a neighbor. The majority of scholars hold that it is not established for a neighbor, while the Hanafis affirm it for an adjacent neighbor and a partner in selling rights. Some scholars are of the opinion that the pre-emption of neighborhood is established when there is shared ownership rights, such as a road or water, and this is the given.
As for the second issue regarding the claim for pre-emption, scholars have also differed on this: The Hanafis, Shafi'is, and Hanbalis hold that the claim for pre-emption, once known, must be immediate, while the Malikis permit claiming it up to one year. The opinion of the majority is closer to the truth.
Based on the preponderant view in both issues, your friend can claim pre-emption if the facilities are shared, and the claim is made immediately upon knowing of the sale, and he must pay all that you have spent on the property subject to pre-emption.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 59358
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy