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Sahih al-Bukhari 2213 (Book 34, Hadith 159) #2122
Pre-emption in Joint Property

SUMMARY: The hadith explains that when two people own a joint property, one of them has the right to pre-emption, unless the boundaries of the property have been demarcated or ways and streets have been fixed.

Narrated Jabir: Allah's Messenger gave pre-emption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.
حَدَّثَنِي مَحْمُودٌ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ، عَنْ جَابِرٍ ـ رضى الله عنه ـ جَعَلَ رَسُولُ اللَّهِ الشُّفْعَةَ فِي كُلِّ مَالٍ لَمْ يُقْسَمْ، فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلاَ شُفْعَةَ‏.‏

TOPICS
property  *  demarcation  *  istihaq  *  malikayn  *  tahdhib  *  preemption

QUICK LESSONS:
Respect each other's rights over shared resources, Think carefully before making any changes that could affect someone else's rights over something they jointly own with you.

EXPLANATIONS:
This hadith explains a concept known as pre-emption which is when two people own a joint property, one of them has the right to buy it first before anyone else. However, if the boundaries of the property have already been demarcated or ways and streets have already been fixed then there is no pre-emption. This means that both parties must agree on how they will divide up their shared property before any changes are made to it. This hadith teaches us about fairness and justice in our dealings with others as well as respecting each other's rights over shared resources. It also encourages us to be mindful of our actions and think carefully before making any changes that could affect someone else's rights over something they jointly own with us.

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