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(Book 35, Hadith 2) #36469
The Right of Pre-emption Between Partners

SUMMARY: Pre-emption is a right that exists between partners in regards to houses and land.

Malik said that he heard that Said ibn al-Musayyab, when asked about pre-emption and whether there was a sunna in it, said, "Yes. Pre-emption is in houses and land, and it is only between partners".
قَالَ مَالِكٌ إِنَّهُ بَلَغَهُ أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ سُئِلَ عَنِ الشُّفْعَةِ هَلْ فِيهَا مِنْ سُنَّةٍ فَقَالَ نَعَمْ الشُّفْعَةُ فِي الدُّورِ وَالأَرَضِينَ وَلاَ تَكُونُ إِلاَّ بَيْنَ الشُّرَكَاءِ

TOPICS
said  *  houses  *  land  *  partners  *  musayyab  *  preemption

QUICK LESSONS:
Respect each other's rights , Be fair , Uphold justice .

EXPLANATIONS:
Pre-emption is a right that exists between partners in regards to houses and land. This hadith was narrated by Malik and Said ibn al Musayyab who said that pre emption is only applicable between partners. This means that if two people are equal owners of a house or land, they have the right to pre empt each other when one of them wants to sell it. This ensures fairness among the two parties involved as both have an equal say in the matter. It also prevents any kind of exploitation from taking place as both parties are aware of their rights beforehand. The values taught by this hadith include fairness, justice, equality and respect for one another's rights.

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