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سنن ابن ماجه
Ibn Majah
كتاب الشفعة
The Chapters on Pre-emption
بَابُ : مَنْ بَاعَ رِبَاعًا فَلْيُؤْذِنْ شَرِيكَهُ
Chapter: One Who Sells A Property Should Notify His Partner (Of His Intention)
Sunan Ibn Majah — Hadith 2493
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ سِنَانَ ، وَالْعَلَاءُ بْنُ سَالِمٍ ، قَالَا : حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ ، أَنْبَأَنَا شَرِيكٌ ، عَنْ سِمَاكٍ ، عَنْ عِكْرِمَةَ ، عَنِ ابْنِ عَبَّاسٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " مَنْ كَانَتْ لَهُ أَرْضٌ فَأَرَادَ بَيْعَهَا فَلْيَعْرِضْهَا عَلَى جَارِهِ " .
´It was narrated from Ibn Abbas that the Prophet (ﷺ) said:` “Whoever has land and wants to sell it, let him offer it to his neighbor.”
Brief Explanation
1؎ : The summary of the chapter is that if the neighbor or partner does not wish to purchase, then it may be sold to others.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
When two people jointly own a piece of land or a house, and one of them wishes to sell his share, he should first inform his partner who shares ownership with him. If the partner is willing to buy at a reasonable price, then that is appropriate; otherwise, he should say that he does not wish to buy, and the seller may sell to whomever he wishes.
➋
If the paths (access) are separate and there is no partnership or share, and it is merely a matter of neighborhood, even then the neighbor has a greater right that, when selling the house or land, he should be informed so that he may purchase it if he wishes.
➌
The law of pre-emption (shuf‘ah) is based on mutual compassion, because generally the neighbor derives more benefit from purchasing that piece of land than a stranger would, while for the seller, selling to the neighbor or to a stranger is the same. Therefore, if the neighbor gains extra benefit, this is a very good thing.
➊
When two people jointly own a piece of land or a house, and one of them wishes to sell his share, he should first inform his partner who shares ownership with him. If the partner is willing to buy at a reasonable price, then that is appropriate; otherwise, he should say that he does not wish to buy, and the seller may sell to whomever he wishes.
➋
If the paths (access) are separate and there is no partnership or share, and it is merely a matter of neighborhood, even then the neighbor has a greater right that, when selling the house or land, he should be informed so that he may purchase it if he wishes.
➌
The law of pre-emption (shuf‘ah) is based on mutual compassion, because generally the neighbor derives more benefit from purchasing that piece of land than a stranger would, while for the seller, selling to the neighbor or to a stranger is the same. Therefore, if the neighbor gains extra benefit, this is a very good thing.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2493
