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?
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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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