Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب مَا يَجُوزُ لِلْوَصِيِّ وَمَا لاَ يَجُوزُ:Chapter on what is permissible and not permissible for the executor
Hadith 3239
اُردوEn
حَدَّثَنَا حَدَّثَنَا مُحَمَّدُ بْنُ الصَّلْتِ، حَدَّثَنَا مُوسَى بْنُ مُحَمَّدٍ، عَنْ إِسْمَاعِيل، عَنْ الْحَسَنِ، قَالَ: "وَصِيُّ الْيَتِيمِ يَأْخُذُ لَهُ بِالشُّفْعَةِ، وَالْغَائِبُ عَلَى شُفْعَتِهِ".
It is narrated from Ismail that Hasan (may Allah have mercy on him) said: The guardian of an orphan will take the right of pre-emption (shuf‘a) for him, and the guardian of an absent person, to whom the right of pre-emption has been bequeathed, will also take the right of pre-emption.
Brief Explanation
(Commentary on Ahadith 3235 to 3239)
The right of pre-emption (haqq al-shuf‘ah) in a house, shop, or land is that the neighbor or partner has this right: if one wishes to sell them, he should first ask the partner or neighbor; the right to purchase first belongs to him. When he has no need or ability, then any other person may purchase it.
In the aforementioned narration, the guardian or custodian (wali or wasi) of the orphan will have the authority to demand pre-emption (shuf‘ah), and the right of pre-emption must be given to him for the orphan.
The right of pre-emption (haqq al-shuf‘ah) in a house, shop, or land is that the neighbor or partner has this right: if one wishes to sell them, he should first ask the partner or neighbor; the right to purchase first belongs to him. When he has no need or ability, then any other person may purchase it.
In the aforementioned narration, the guardian or custodian (wali or wasi) of the orphan will have the authority to demand pre-emption (shuf‘ah), and the right of pre-emption must be given to him for the orphan.
