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Hadith 764
اُردوEn
وعن ابن عمر عن النبي صلى الله عليه وآله وسلم قال : «الشفعة كحل العقال ». رواه ابن ماجه والبزار وزاد: « ولا شفعة لغائب ».وإسناده ضعيف
Narrated Ibn 'Umar (RA): The Prophet (ﷺ) said: "The option to buy neighboring property is like loosening the knot (which restraints the camel)." [Reported by Ibn Majah and al-Bazzar, who added: "And there is no option to buy a neighboring property for one who is absent." Its chain of narrators is Da'if (weak)].
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه ابن ماجه، الشفعة، باب طلب الشفعة، حديث:2500، والزار: لم أجده، * محمد بن الحارث متروك كما قال البيهقي وغيره، وشيخه ضعيف، والسند ضعفه البوصيري.»©Explanation:
In this hadith, the right of pre-emption (shuf‘ah) is likened to the untying of a camel’s knee-binding, meaning that just as when the knee-binding of a camel is untied, it immediately runs off, similarly, when something is sold or when the person entitled to shuf‘ah becomes aware of the sale, he should exercise his right of pre-emption without delay. Otherwise, in the case of delay, his right of shuf‘ah will lapse and his claim to pre-emption will not be accepted.
This is the opinion of the Hanafi scholars.
According to the hadith scholars (muhaddithin), the right of shuf‘ah is not invalidated by delay, because the ahadith regarding shuf‘ah are absolute (mutlaq), and the narration reported from Ibn ‘Umar (radi Allahu anhuma) is not suitable as evidence. Furthermore, if the person entitled to shuf‘ah is a minor or is not present at the time, he still retains the right of shuf‘ah, as is mentioned above in the hadith of Jabir (radi Allahu anhu), that if the neighbor is not present at that time, he should be waited for.
It is evident that if his right of shuf‘ah were invalidated, then what would be the point of waiting for him? And Allah knows best.
«أخرجه ابن ماجه، الشفعة، باب طلب الشفعة، حديث:2500، والزار: لم أجده، * محمد بن الحارث متروك كما قال البيهقي وغيره، وشيخه ضعيف، والسند ضعفه البوصيري.»©Explanation:
In this hadith, the right of pre-emption (shuf‘ah) is likened to the untying of a camel’s knee-binding, meaning that just as when the knee-binding of a camel is untied, it immediately runs off, similarly, when something is sold or when the person entitled to shuf‘ah becomes aware of the sale, he should exercise his right of pre-emption without delay. Otherwise, in the case of delay, his right of shuf‘ah will lapse and his claim to pre-emption will not be accepted.
This is the opinion of the Hanafi scholars.
According to the hadith scholars (muhaddithin), the right of shuf‘ah is not invalidated by delay, because the ahadith regarding shuf‘ah are absolute (mutlaq), and the narration reported from Ibn ‘Umar (radi Allahu anhuma) is not suitable as evidence. Furthermore, if the person entitled to shuf‘ah is a minor or is not present at the time, he still retains the right of shuf‘ah, as is mentioned above in the hadith of Jabir (radi Allahu anhu), that if the neighbor is not present at that time, he should be waited for.
It is evident that if his right of shuf‘ah were invalidated, then what would be the point of waiting for him? And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 764
Maulana Ataullah Sajid
Benefit:
To claim the right of pre-emption (shuf‘ah) by a partner against another partner means that when three individuals are partners in something, and one of them purchases the share of another, then the third does not have the right to claim pre-emption. However, this narration is extremely weak.
To claim the right of pre-emption (shuf‘ah) by a partner against another partner means that when three individuals are partners in something, and one of them purchases the share of another, then the third does not have the right to claim pre-emption. However, this narration is extremely weak.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2501
