Al-Shuf’ One’s Rights of Pre-emption

“One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, The right of al- Shuf’ah (pre-emption) of an asset belongs to a business partner who has not yet departed partnership.’”

“Regarding my question before ‘ Abd Allah (a.s.), about a house which is among the houses that have one driveway through a courtyard and one of them sells to a man, if the people sharing the driveway can apply their al-Shuf’ (one’s rights of pre-emption). He (the Imam) said, ‘If he has sold his house and has changed its driveway to another driveway then such right is not applicable; but if he has sold the house along with its driveway then they can apply such right.’”

“Abu Ja‘far (a.s.), has said, ‘When division takes place, al-Shuf ’ (one’s rights of pre- emption) ceases to apply.’”

“Abu ‘Abd Allah (a.s.), has said, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment in favor of al- Shuf’ (one’s rights of pre-emption) in the case of partners in the ownership of land and houses, saying, “Harming and causing harm because of suffering harm is not lawful.” He (the Messenger of Allah) also said, “Once division takes place and boundaries are set al-Shuf’ (one’s rights of pre-emption) ceases to exist.’””

“This is concerning my question before abu ‘Abd Allah (a.s.), about al-Shuf’ (one’s rights of pre-emption) in the case of houses; if it is obligatory on the neighbor to offer to the neighbor because of his priority right to buy. He (the Imam) said, ‘Al-Shuf’ (one’s rights of pre-emption) is applicable in selling if one is a partner; he is more rightful to buy with payment.’”

“Abu ‘Abdillah (a.s.), has said, ‘Al-Shuf’ (one’s rights of pre-emption) does not apply in the case of the Jew and the Christian.‘ And he said, ‘It only applies to a partner who has not concluded the partnership.’ He (the Imam) has said, that ’Amir al-Mu’minin (a.s.) has said, ‘The Executor of the will for an orphan is like his father who applies al-Shuf’ if it is in his interest.’ And he (the Imam) said that al-Shuf’ also applies in favor of an absent person.”

“Abu ‘Abd Allah (a.s.), has said, ‘Al-Shuf’ (one’s rights of pre-emption) is applicable only between two partners who have not concluded the partnership. If they become three then one of them does not have such right.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about al-Shuf ’ (one’s rights of pre-emption), in whose favor it is, in what it is, in whose favor it is proper, if in the case of animals it applies and how it is. He (the Imam) said, ‘ Al-Shuf ’ is applicable to animals, land or assets if it is between two partners and not more than two. When one of them sells his share then his partner has such right more than others, but if they are more than two it does not apply to one of them.’ It is also narrated that it does not apply to anything other than land and houses.”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a house which a certain people divided, each one took a piece, built and left in between a courtyard with the driveway on it. A man came and bought the share of someone among them; if he can do so. He (the Imam) said, ‘Yes, he can do so but he must close his door and open a door to a driveway or climb down from the top of the house and close its door. When the owner of the driveway decides to sell, they have the right more than others, otherwise, it is the pathway through which he comes to set on that door.’”

“We heard abu ‘Abd Allah (a.s.), saying, ‘ Al-Shuf ’ (one’s rights of pre-emption) is applicable only between two partners who have not concluded their partnership.’”

“Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘ Al-Shuf ’ (one’s rights of pre-emption) does not apply to ship, canal or road.’”