Obligations of the Seller (al-Shufa’)
1) Jabir b. ‘Abdullah reported Allah’s Messenger (Sall Allah-o-alaihe wa sallam) as saying: “He who has a partner in a dwelling or a garden, it is not lawful for him to sell that until he is permitted by his partner. If he (the partner) agrees, he should go in for that, and if he disapproves of that, he should abandon (the idea of selling it).”
Jabir b. ‘Abdullah said that the Messenger of Allah (Sall Allah-o-alaihe wa sallam) decreed pre-emption in every joint ownership and not divided – it may be dwelling or a garden, it is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.
2) Sharid b. Suwaid reported: I asked Allah’s Messenger (Sall Allah-o-alaihe wa sallam) there is a land which is not shared and which has not been divided except that it is in the neighbourhood (of a person). He (the Prophet, Sall Allah-o-alaihe wa sallam) said: “The neighbourer has the best claim by reason of his being near.”
3) Ibn ‘Umar reported: The Messenger of Allah (Sall Allah-o-alaihe wa sallam) said: “A person has no right to pre-emption against another partner if he preceded him in buying it nor has a minor or an absentee such an option (to buy neighbouring property).”
4) Jabir reported: Allah’s Messenger (Sall Allah-o-alaihe wa sallam) decreed the right to buy neighbouring property applicable to everything which is not divided but when boundaries are fixed and separate roads made, there is no pre-emption (option).
Source: Economic Teachings of Prophet Muhammad (peace be upon him): A Select Anthology of Hadith Literature on Economics, Muhammad Akram Khan. Republished with permission.
Search our Resources or Dictionary