What is the ruling on two men jointly buying land, then one of them selling his share without informing his partner, who was subsequently harmed by the drop in prices? Does the aggrieved party deserve compensation for the damage resulting from the concealment? And what is the way out of this problem, given the seller's justification and the aggrieved party's claim?

The schools of thought (madhahib) agree on the establishment of pre-emption (shufa'a) for a partner in real estate before its division.

As for after division, the majority of scholars (jumhur) hold that pre-emption is not established for a neighbor or a partner. The Hanafis, however, differed, asserting it for the adjoining neighbor and the partner in the rights of the sold property.

The most preponderant opinion is that pre-emption is established among neighbors if there is a common right between them in property rights, such as a road or water, and it is negated if there is no common ownership.

If pre-emption is established, the seller must inform his partner. If he contravenes this, his partner may take the share for the price at which it was sold. Excuses, such as justifying agency or the partner not possessing the money, are not acceptable.

If the partner is harmed, he may refer the matter to the court to rule in his favor regarding pre-emption if he can provide the money. Otherwise, he is not entitled to claim compensation.