Is it permissible to offer and pay an amount exceeding $9,0 for the purchase of agricultural land that the buyer wishes to retain, knowing that one of the heirs refuses to sell and is likely to exercise the right of pre-emption (shufa'a)?

Partners must inform their co-partner when they wish to sell their share in undivided land, due to the established right of pre-emption (shufa'a) for the partner. If they do not inform him and sell, he has the right to take their share through pre-emption. If they inform him and he initially refuses to buy, but then wishes to exercise pre-emption after the sale, the majority of scholars believe he still has that right, while others hold that his right is forfeited. The pre-emptor must acquire the land at the same price for which it was sold, and if he is unable to do so, his right of pre-emption is forfeited. There is no harm in offering a higher price to buy the land, but it is not permissible to collude on an unreal price to annul the right of pre-emption. In such a case, the pre-emptor takes the land at the real agreed-upon price.