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سنن ابن ماجه
Ibn Majah
كتاب الشفعةThe Chapters on Pre-emption
بَابُ : طَلَبِ الشُّفْعَةِChapter: Requesting Preemption
Hadith 2500
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ الْحَارِثِ ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ الْبَيْلَمَانِيِّ ، عَنْ أَبِيهِ ، عَنِ ابْنِ عُمَرَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " الشُّفْعَةُ كَحَلِّ الْعِقَالِ " .
´It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said:` “Preemption is like undoing the `Iqal.”
Related hadith on this topic
Brief Explanation
1؎: That is, just as when the rope tying a camel’s knee is untied, the camel immediately stands up, similarly, as soon as the news of the sale reaches the partner with the right of pre-emption (shafi‘), if he immediately claims pre-emption (shuf‘a), it is valid; but if he delays, his right of pre-emption is nullified. This hadith is evidence for the Hanafis, according to whom, when the shafi‘ learns of the sale, he must immediately demand his right. In Hanafi jurisprudence, it is sufficient to demand pre-emption in the same gathering (majlis) in which the news is received, even if the gathering lasts a long time. Thus, according to the Hanafis, if the shafi‘ does not immediately or within that gathering demand pre-emption, his right is nullified. However, according to the Ahl al-Hadith, the right of pre-emption is not nullified by delay, because the hadiths regarding pre-emption are absolute (mutlaq), and the narration from Ibn ‘Umar radi Allahu anhuma, upon which the Hanafis have based their argument, is extremely weak.
Explanation & Benefits
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
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
