Hadith 641
حَدَّثَنَا
مَحْمُودُ بْنُ آدَمَ ، قَالَ : ثنا
سُفْيَانُ ، عَنْ
أَبِي الزُّبَيْرِ ، عَنْ
جَابِرٍ رَضِيَ اللَّهُ عَنْهُ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " أَيُّكُمْ كَانَتْ لَهُ أَرْضٌ أَوْ نَخْلٌ فَلا يَبِعْهَا حَتَّى يَعْرِضَهَا عَلَى شَرِيكِهِ " .
Sayyiduna Jabir (may Allah be pleased with him) reports that the Noble Prophet (peace and blessings be upon him) said: "Whoever has land or a date-palm (orchard), he should not sell it without first offering it to his partner."
Hadith 642
Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates that the Messenger of Allah (peace and blessings be upon him) established the right of pre-emption (shuf‘ah) in every joint property that has not been divided, whether it is a house or a garden. It is not permissible for the owner to sell it without informing his partner. If the partner wishes, he may buy it; if he wishes, he may leave it. If the owner sells it without informing the partner, then the partner has more right to it.
Hadith 643
Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates that the Messenger of Allah (peace and blessings be upon him) granted the right of pre-emption (shuf‘ah) in every thing that had not yet been divided, but when the boundaries are set and the paths are separated, then the right of pre-emption no longer remains.
Hadith 644
Sayyiduna Samurah (may Allah be pleased with him) reports that the Prophet Muhammad (peace and blessings be upon him) said: "The neighbor has more right to purchase the neighboring house or land."
Hadith 645
Sayyiduna Shurayd (may Allah be pleased with him) reports that the Messenger of Allah (peace and blessings be upon him) said: "The neighbor is more deserving due to proximity." In the narration of Abu Nu'aym, there is this addition: I asked 'Amr, "What is meant by 'saqb'?" He replied, "By this, shuf'ah (preemption) is meant." I said, "People say that by this, neighbor is meant." He said, "That is what people say."