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الفتح الربانی
Fath al-Rabbani
مسائل الشفعةIssues of Preemption
بَابُ مَتَى تَسْقُطُ الشُّفْعَةُChapter: When does the right of pre-emption lapse
Hadith 6231
اُردوEn
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُمَا قَالَ قَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ بِالشُّفْعَةِ فِي كُلِّ مَا لَمْ يُقْسَمْ فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلَا شُفْعَةَ
It is narrated from Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) that the Messenger of Allah (peace and blessings be upon him) gave the verdict of the right of pre-emption (shuf‘ah) in that property which has not been divided. When the boundaries of something are marked and the paths are separated, then there remains no right of pre-emption.
Brief Explanation
Benefits: … It is narrated from Sayyiduna Abu Hurairah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When the house is divided and its boundaries are set, then there is no right of pre-emption (shuf‘ah) in it.” (Abu Dawud: 3515) From these ahadith, it is understood that the right of pre-emption (shuf‘ah) exists only in that thing which is jointly owned among different partners. The ahadith mentioned in the two chapters above comprise the following three different matters: (1) The neighbor has the right of pre-emption. (2) The neighbor has the right of pre-emption when their path is one. (3) Only the partner has the right of pre-emption.
The forms of reconciliation and combination are as follows:
(1) Just as the word “jar” applies to a neighbor, similarly, it also applies to a partner, as is found in the Arabic lexicon Qamus. Mawlana Waheed al-Zaman Qasimi Deobandi, in his book “Al-Qamus al-Waheed,” which is an Arabic-Urdu dictionary, has mentioned nine (9) meanings of the word “jar.” The first two of these meanings are: neighbor, partner in property or business.
If, in the blessed ahadith of the previous chapters, the word “jar” is taken to mean partner and associate, then there remains no room for disagreement in this issue that the right of pre-emption is only for the partner. If we look at the ahadith mentioned in this chapter, this meaning appears to be closer to correctness.
(2) If the meanings of “jar” are taken as neighbor and adjoining resident, then what is meant is dealing with the neighbor with goodness and virtue, assistance and cooperation, sympathy and goodwill, and self-sacrifice, because in these ahadith, the right of pre-emption is not clarified; only this much is said that the neighbor, due to his proximity, is more deserving.
In the ahadith, these words have been mentioned earlier: “al-jaru ahaqqu bi-shuf‘ati jarihi,” “al-jaru ahaqqu bi-dar” — the neighbor is more deserving of the pre-emption of his neighbor, the neighbor is more deserving of the house. In this context, it is more appropriate that the Prophet sallallahu alayhi wa sallam said “ahaqqu” (more deserving), meaning he is more deserving, and goodwill should be shown to him. However, in every respect, it is not his necessary right. (Abdullah Rafiq)
The forms of reconciliation and combination are as follows:
(1) Just as the word “jar” applies to a neighbor, similarly, it also applies to a partner, as is found in the Arabic lexicon Qamus. Mawlana Waheed al-Zaman Qasimi Deobandi, in his book “Al-Qamus al-Waheed,” which is an Arabic-Urdu dictionary, has mentioned nine (9) meanings of the word “jar.” The first two of these meanings are: neighbor, partner in property or business.
If, in the blessed ahadith of the previous chapters, the word “jar” is taken to mean partner and associate, then there remains no room for disagreement in this issue that the right of pre-emption is only for the partner. If we look at the ahadith mentioned in this chapter, this meaning appears to be closer to correctness.
(2) If the meanings of “jar” are taken as neighbor and adjoining resident, then what is meant is dealing with the neighbor with goodness and virtue, assistance and cooperation, sympathy and goodwill, and self-sacrifice, because in these ahadith, the right of pre-emption is not clarified; only this much is said that the neighbor, due to his proximity, is more deserving.
In the ahadith, these words have been mentioned earlier: “al-jaru ahaqqu bi-shuf‘ati jarihi,” “al-jaru ahaqqu bi-dar” — the neighbor is more deserving of the pre-emption of his neighbor, the neighbor is more deserving of the house. In this context, it is more appropriate that the Prophet sallallahu alayhi wa sallam said “ahaqqu” (more deserving), meaning he is more deserving, and goodwill should be shown to him. However, in every respect, it is not his necessary right. (Abdullah Rafiq)
