If it is not permissible to take compensation from the seller who sold his share without the knowledge of his partner, is it permissible to take it by way of reconciliation, and is it permissible to reconcile only on something that has been proven to be another's right, and what is the way for the selling partner to absolve himself from reproach and blame?

Scholars have differed on the ruling regarding whether a partner is obliged to inform his co-partner of his intention to sell his share. The Shāfi‘īs held that it is not obligatory, while others deemed it obligatory, citing the hadith: "It is not lawful for him to sell until he informs his partner." This latter opinion is the preponderant one.

As for the issue of the pre-emptor (partner) reaching a settlement with the buyer in exchange for waiving his right of pre-emption, the Shāfi‘īs, Ḥanafīs, and Ḥanbalīs held that it is not permissible. This is because pre-emption is a right intended to remove harm, and if he agrees to compensation, it indicates the absence of harm. Furthermore, it is a mere right that cannot be sold. Their preponderant view is that the pre-emptor forfeits his right of pre-emption if he agrees to a settlement for money. In contrast, the Mālikīs permitted taking compensation for the right of pre-emption.