´It was narrated from 'Amr Bin Ash-Sharid, from his father, that a man said:` "O Messenger of Allah, not one else has any share in my land, but there are neighbors." He said: "The neighbor has more right to property that is near."
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) Due to the relationship of neighborhood, a neighbor has more right than other people that when a person wishes to sell his land, house, shop, etc., he should first ask his neighbor; if the neighbor wishes to buy, he may do so. If the owner of the property sells his property to someone else without asking the neighbor, then legally and according to Shariah, the neighbor does not have any right of pre-emption (shuf‘ah) merely on the basis of neighborhood. This issue is explicitly clarified in Sahih al-Bukhari. See: (Sahih al-Bukhari, al-Buyu‘, Chapter: Selling a Partner’s Share to His Partner, Hadith: 2213)
(2) It should also be remembered that the right of pre-emption (shuf‘ah) exists only in immovable property, such as land, houses, gardens, and shops, etc. In movable property, no one has any right of pre-emption. Furthermore, in property that cannot be divided, there is also no right of pre-emption. And Allah knows best.
(3) “Is entitled.” Provided that the pathway is one, or what is meant is recommendation (istihbab), as Shah Waliullah rahimahullah has stated.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4707
Maulana Ataullah Sajid
Benefits and Issues:
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That is, due to the relationship of neighborhood, the neighbor has more right than others that, when selling land or a house, he should be asked first, so that if he wishes to buy it, he may do so. However, if the owner sells it to someone else without asking the neighbor, then legally, the neighbor does not have the right of pre-emption (shuf‘ah) merely on the basis of neighborhood, as clarified in Hadith 2499. Also, see the benefits of Hadith 2499.
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If, at the time of selling the land or house, the partner neighbor is not present, then upon his arrival, he will be given the right of pre-emption (shuf‘ah).
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2496