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Sahih al-Bukhari 2495 (Book 47, Hadith 13) #2390
Pre-emption in Joint Properties

SUMMARY: The Prophet established the right of pre-emption in joint properties, but not when the land is divided and ways are demarcated.

Narrated Jabir bin 'Abdullah: The Prophet established the right of Shu'fa (ie Preemption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ، حَدَّثَنَا هِشَامٌ، أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ـ رضى الله عنهما ـ قَالَ إِنَّمَا جَعَلَ النَّبِيُّ الشُّفْعَةَ فِي كُلِّ مَا لَمْ يُقْسَمْ، فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلاَ شُفْعَةَ‏.‏

TOPICS
properties  *  division  *  demarcation  *  shufa  *  mawasim  *  tafriq  *  hadd  *  preemption

QUICK LESSONS:
Be fair and just with your co owners while dealing with joint properties; Respect each other's rights even if you are co owners; Offer your share first before selling it off to someone else; Follow Allah's commands as mentioned in His book

EXPLANATIONS:
This hadith explains the concept of pre-emption or Shu'fa which is a right given to people who own joint properties. According to this hadith, if two or more people own a property jointly then they have the right of pre-emption over it. This means that if one person wants to sell their share then they must first offer it to their co-owners before offering it to anyone else. However, this rule does not apply when the land has been divided and ways have been demarcated between them. In such cases there is no pre-emptive right given by Islam.

This hadith teaches us that we should be fair and just with our co owners when dealing with joint properties and should not take advantage of them by selling our share without giving them an opportunity first. It also teaches us that we should respect each other's rights even if we are co owners of something together as Allah has commanded us to do so in His book.

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