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Sunan an-Nasai 4704 (Book 44, Hadith 256) #19237
Pre-emption in Land Ownership

SUMMARY: Pre-emption is only applicable when land has not been divided and boundaries have not been set.

It was narrated from Abu Salamah that the Messenger of Allah said: "Pre-emption takes effect in all cases where land has not been divided. But if the boundaries have been sent, and the roads lay out, then there is no pre-emption".
أَخْبَرَنَا هِلاَلُ بْنُ بِشْرٍ، قَالَ حَدَّثَنَا صَفْوَانُ بْنُ عِيسَى، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ الشُّفْعَةُ فِي كُلِّ مَالٍ لَمْ يُقْسَمْ فَإِذَا وَقَعَتِ الْحُدُودُ وَعُرِفَتِ الطُّرُقُ فَلاَ شُفْعَةَ

TOPICS
land  *  boundaries  *  roads  *  istiala  *  ard  *  audd  *  turuq  *  preemption

QUICK LESSONS:
Respect others' rights and responsibilities towards one's own property . Be aware about legal matters related to property ownership .

EXPLANATIONS:
This hadith explains the concept of pre-emption in land ownership. It states that pre-emption is only applicable when the land has not been divided and boundaries have not been set. If the boundaries are already established, then there is no pre-emption. This hadith teaches us to be mindful of our rights and responsibilities as owners of a certain piece of land, especially if it has already been divided or marked with boundaries. We should also be aware that if someone else claims ownership over a piece of land, we should respect their right to do so even if we think it's unfair or unjustified.

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