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(Book 35, Hadith 1) #36468
Right of Pre-emption in Property

SUMMARY: The Prophet Muhammad (PBUH) decreed that partners have the right to pre-emption in property which has not been divided up, but when boundaries are fixed between them, then there is no right of pre-emption.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of pre-emption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.
حَدَّثَنَا يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، وَعَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ، أَنَّ رَسُولَ اللَّهِ قَضَى بِالشُّفْعَةِ فِيمَا لَمْ يُقْسَمْ بَيْنَ الشُّرَكَاءِ فَإِذَا وَقَعَتِ الْحُدُودُ بَيْنَهُمْ فَلاَ شُفْعَةَ فِيهِ

TOPICS
property  *  boundaries  *  istil  *  amwl  *  udd  *  preemption

QUICK LESSONS:
Set clear boundaries ; Respect others' rights ; Be fair ; Be honest .

EXPLANATIONS:
This hadith explains the rules regarding the right of pre-emption in property. According to this hadith, partners have a right to pre-empt any property which has not been divided up yet. However, once boundaries are fixed between them then there is no longer a right of pre emption. This teaches us that it is important for people who own or share something together to make sure they set clear boundaries and rules so that everyone knows their rights and responsibilities with regards to the shared item or space.

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