Source: Urdu Commentary of ‘Umdat al-Ahkam from the Sayings of the Best of Mankind
Translation by: Hafiz Faizullah Nasir
“The Prophet (صلى الله عليه وسلم) ordained— and in one narration: ‘decided’— the rule of preemption (Shuf’ah) in all property that has not been divided. But once boundaries are marked and roads are laid out, then there is no right of preemption.”
The right granted to a neighbor to forcibly acquire the property or land adjacent to his own when it is sold, by virtue of being a neighboring owner.
وقعت الحدود:
To separate from the neighboring property by demarcating its boundaries.
To assign separate paths and roads to the property.
“The neighbor of a house has more right to that house than anyone else.”
[Musnad Ahmad: 4/388]
However, this right is conditional: it remains valid only as long as the property in question has not been divided. As clearly stated in the Hadith, once the land is demarcated, boundaries are established, and roads are laid out, the right of preemption no longer applies.
Furthermore, Shuf’ah applies solely to immovable property, such as estates, land, and houses. It does not apply to movable items like trees, crops, animals, swords, etc.
[Reference: Al-Iqna’ by Al-Hijjawi: 2/610]
Hadith References:
① Sahih al-Bukhari, Book of Partnership, Chapter: If the partners divide houses, Hadith: 2496
② Sahih Muslim, Book of Musaqah, Chapter: Shuf’ah, Hadith: 1608
Translation by: Hafiz Faizullah Nasir
✿ The Concept of Shuf'ah (Preemption)
Narrated by: Jabir bin ‘Abdullah (رضي الله عنهما)“The Prophet (صلى الله عليه وسلم) ordained— and in one narration: ‘decided’— the rule of preemption (Shuf’ah) in all property that has not been divided. But once boundaries are marked and roads are laid out, then there is no right of preemption.”
✿ Explanation of Vocabulary
الشفعة (Shuf’ah):The right granted to a neighbor to forcibly acquire the property or land adjacent to his own when it is sold, by virtue of being a neighboring owner.
وقعت الحدود:
To separate from the neighboring property by demarcating its boundaries.
- وقعت: Feminine singular, past tense, active verb (باب فتح يفتح).
To assign separate paths and roads to the property.
- صرفت: Feminine singular, past tense, passive verb (باب تفعیل).
✿ Explanation of the Hadith
Islamic law grants the right of Shuf’ah to a neighbor. As stated by the Prophet (صلى الله عليه وسلم):“The neighbor of a house has more right to that house than anyone else.”
[Musnad Ahmad: 4/388]
However, this right is conditional: it remains valid only as long as the property in question has not been divided. As clearly stated in the Hadith, once the land is demarcated, boundaries are established, and roads are laid out, the right of preemption no longer applies.
Furthermore, Shuf’ah applies solely to immovable property, such as estates, land, and houses. It does not apply to movable items like trees, crops, animals, swords, etc.
[Reference: Al-Iqna’ by Al-Hijjawi: 2/610]
Hadith References:
① Sahih al-Bukhari, Book of Partnership, Chapter: If the partners divide houses, Hadith: 2496
② Sahih Muslim, Book of Musaqah, Chapter: Shuf’ah, Hadith: 1608
