A man who buys a house and builds on it

Al-Sha'bi said: If a man buys a house and then builds on it, and then the one holding the right of pre-emption (shuf'ah) comes, he will either take it along with its building or pay its value.

Hammad said: He may pull down its building and take it.

Khalid al-Hadhdha said: A man bought a house and built on it; then a man came forward who proved to have the right to it. So he wrote that the land and the building should be valued: if he wishes, he may pay the value of the building and take it; and if he refuses, he should hand over the land to the buyer at its value.

Sufyan said: His building is to be pulled down.