Is the older brother entitled to reclaim agricultural land that the father sold to treat the younger brother through preemption (shuf'ah), and what is the ruling on the siblings demanding their share of this land after a long period?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Pre-emption (Shufa) is the right of a partner to take their co-partner's share that was sold, for its price. The person exercising pre-emption must be a partner in the land. Pre-emption is not established merely by being the son of the father. If pre-emption is established and the rightful owner does not immediately exercise it upon knowledge, their right to it is forfeited according to the majority of scholars. The Malikis, however, permitted requesting it up to one year.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/90312
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 90312
- 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