Bulugh al-Maram

Hadith Commentary:
(1)
In this chapter heading, Imam Bukhari rahimahullah has included the word ‘arud’ (commodities) along with land and houses. Its meaning is: means, goods, and similar items.
When there are other partners in these, their shares can also be sold, for example:
If there are two partners in a horse, one partner should offer the other partner the opportunity to buy the entire horse.
If he does not do so, then from the price for which it is sold, the other partner should be given his share.

(2)
At the end, Imam Bukhari rahimahullah has mentioned the variation in the wording of the hadith, but this variation does not in any way affect the meaning of the hadith.
And Allah knows best.

Hadith Commentary:

Qastallani rahimahullah said that the madhhab of Imam Abu Hanifah rahimahullah, Imam Shafi'i rahimahullah, and Imam Malik rahimahullah is that if the partner informs the pre-emptor (shafi') of the sale and he grants permission for the sale, then the partner sells (the property), the pre-emptor (shafi') will no longer have the right of pre-emption (shuf'ah). And there is a difference of opinion regarding whether it is obligatory (wajib) or recommended (mustahabb) for the seller to inform the pre-emptor (shafi').

Hadith Commentary:
(1)
The literal meaning of "shuf‘ah" is "to join one thing with another."
Since the person exercising shuf‘ah acquires the property of another and joins it with his own property, this act is called shuf‘ah.
Technically, shuf‘ah refers to obtaining a purchased item from the buyer, without his consent, at the same price for which the buyer purchased it from the original owner.

(2)
The three sequential causes of shuf‘ah are as follows:
➊ Partnership in ownership:
A person is a partner in the very entity of the sold property, as in the case where two or more people are partners in undivided land or a house.
➋ Partnership in rights:
Two or more persons are partners not in the entity of the sold property, but in its rights, for example:
Right of passage or right of irrigation, etc.
➌ Neighborhood:
The property of the person exercising shuf‘ah is adjacent to the sold property.

(3)
Shuf‘ah is established contrary to the original principle, because it involves taking away the property from the buyer and compelling him to accept compensation without his consent. However, the Shari‘ah has permitted it due to certain benefits, so it cannot be declared permissible in an absolute sense; rather, there are several conditions for it, as follows:
➊ According to the presented hadith, it is necessary for shuf‘ah that the property be joint and not yet divided.
If the property is divided and the pathways are separated, the right of shuf‘ah is nullified.
➋ It must be immovable property owned by the seller.
There is no shuf‘ah in the sale of movable property, for example:
Animals, grain, or fruit, etc.
➌ The property due to which the person is entitled to shuf‘ah must be his own property.
No one has the right of shuf‘ah over waqf (endowment) land or government property.
➍ The right of shuf‘ah is established only when a property is transferred definitively through a contract of sale.
Therefore, there is no shuf‘ah in property acquired through gift, inheritance, or charity.
➎ The demand for shuf‘ah must also be immediate.
If, after becoming aware, one remains silent, the right of shuf‘ah is forfeited.
Hafiz Ibn Hajar rahimahullah writes that this hadith is evidence that shuf‘ah applies to every joint property, but from the context of the hadith, it is understood that the right of shuf‘ah is specific to land.
(Fath al-Bari: 4/551)
It is stated in Sahih Muslim that the Messenger of Allah sallallahu alayhi wa sallam said:
"Shuf‘ah is in every joint property, for example:
Land, shop, or garden, etc.
It is not permissible for a person to sell it until his partner gives permission.
If he wishes, he may keep it himself, or if he wishes, he may relinquish it.
If it is sold without his permission, then he has more right to it."
(Sahih Muslim, al-Buyu‘, Hadith: 4127(1608))

Explanation:
1:
This hadith is evidence that the right of pre-emption (shuf‘ah) applies only to property that is in joint ownership;
mere neighborhood is not sufficient to establish the right of pre-emption.
This is the position of the majority (jumhur), and it is also closer to proof and correctness.
The Hanafis have opposed this; their view is that just as shuf‘ah applies to jointly owned property, it is also permissible on the basis of neighborhood.
Their evidence is the Prophetic hadith: “The neighbor of the house has more right to the house.”

2:
The majority respond to this hadith by saying that what is meant in this hadith is a partner (sharik/co-owner);
a mere neighbor sometimes even has a separate path,
and when the path is separate, there is no right of pre-emption.