Narrated Samurah: The Prophet ﷺ said: A neighbour has the best claim to the house or land of the neighbour.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Shuf‘ah is derived from "shaf‘" and in the language it means to be paired, to add, and to assist.
In Islamic law (shar‘an), it is: "When a shared or adjoining piece of land or property is sold, and the partner who had the primary right of purchase was not informed and it was transferred to someone else, then to return it (to the partner) is called shuf‘ah, provided that the price is the same as what the outsider paid."
➋
In Hadith
1516,
3515,
the neighbor referred to is the partner, as is clarified in multiple narrations.
This is also supported by Hadith 3518, in which it is explained that only the neighbor whose path is shared will be entitled to shuf‘ah.
If the path is not shared, but rather separate and the boundaries are distinct from each other, then merely being a neighbor does not entitle one to the right of shuf‘ah.
Only the one who is a partner in the land or garden will be entitled to the right of shuf‘ah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3517