Written by: Shaykh Hafiz Abdul Sattar Al-Hammad (May Allah preserve him)
"The Prophet (صلى الله عليه وسلم) ruled that the right of preemption applies to any property that has not been divided."
[Sahih al-Bukhari, Book of Sales: Hadith 2214]
The cause for Shuf'ah is the partnership itself, and it applies to all types of shared property, such as land, houses, and shops. As mentioned in a Hadith, the Prophet (صلى الله عليه وسلم) ruled that the right of Shuf'ah applies to any property.
[Sunan Abu Dawood, Book of Rent: Hadith 3513]
"A neighbor has more right to preemption of their neighbor’s property, and this right should be exercised for them even if they are absent, provided that the paths to both properties are the same."
[Sunan Abu Dawood, Book of Rent: Hadith 3518]
This Hadith indicates that the right to Shuf'ah does not solely stem from being neighbors. The key requirement is that both properties must share a common path.
Further supporting this, the Prophet (صلى الله عليه وسلم) said:
"When boundaries are set, and paths are separated, the right of Shuf'ah no longer exists."
[Sahih al-Bukhari, Book of Preemption: Hadith 2257]
In another narration, the Prophet (صلى الله عليه وسلم) said that once a property is divided and its boundaries are established, the right of Shuf'ah ceases to apply.
[Sunan Abu Dawood, Book of Rent: Hadith 3515]
"The Prophet (صلى الله عليه وسلم) ruled that the right of preemption applies to any property that has not been divided."
[Sahih al-Bukhari, Book of Sales: Hadith 2214]
Benefits:
The right of preemption, or Shuf'ah, refers to the entitlement of a partner in a shared property to buy the share of an outside party (stranger) at the agreed price, provided that the property has not yet been divided.The cause for Shuf'ah is the partnership itself, and it applies to all types of shared property, such as land, houses, and shops. As mentioned in a Hadith, the Prophet (صلى الله عليه وسلم) ruled that the right of Shuf'ah applies to any property.
[Sunan Abu Dawood, Book of Rent: Hadith 3513]
The Right of Preemption for Neighbors:
According to Hadith, neighbors also have a right to Shuf'ah, as long as they share a common pathway to the property in question. Sayyidina Jabir (رضي الله عنه) reported that the Prophet (صلى الله عليه وسلم) said:"A neighbor has more right to preemption of their neighbor’s property, and this right should be exercised for them even if they are absent, provided that the paths to both properties are the same."
[Sunan Abu Dawood, Book of Rent: Hadith 3518]
This Hadith indicates that the right to Shuf'ah does not solely stem from being neighbors. The key requirement is that both properties must share a common path.
Further supporting this, the Prophet (صلى الله عليه وسلم) said:
"When boundaries are set, and paths are separated, the right of Shuf'ah no longer exists."
[Sahih al-Bukhari, Book of Preemption: Hadith 2257]
In another narration, the Prophet (صلى الله عليه وسلم) said that once a property is divided and its boundaries are established, the right of Shuf'ah ceases to apply.
[Sunan Abu Dawood, Book of Rent: Hadith 3515]