Book of Pre-Emption (shuf'a)

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 39. Book of Pre-Emption (shuf'a)

I: Pre-emption in respect of what has not been demarcated. When there are clear boundaries, there is no pre-emption

2138. It is related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, judged that there was pre-emption in all undemarcated property. When there were clear boundaries and roads were clear, then there was no pre-emption."

II: Offering pre-emption to a partner before selling

Al-Hakam said, "When he gives him permission before the sale, he has no right of pre-emption."

Ash-Sha'bi said, "If something is sold in a situation where a person has the right of pre-emption, and he witnesses it and does not object, he has no right of pre-emption."

2139. It is related that 'Amr ibn ash-Sharik said, "I was standing with Sa'd ibn Abi Waqqas when al-Miswar ibn Makhrama came and put his hand on my shoulder. Then Abu Rafi', the client of the Prophet, may Allah bless him and grant him peace, came and said, 'Sa'd! Buy two rooms in your house from me.' Sa'd said, 'By Allah, I will not buy them.' Al-Miswar said, 'By Allah, you will buy them!' Sa'd said, 'By Allah, 'I will not pay more than four thousand in instalments.' Abu Rafi' said, 'I have been offered five hundred dinars for them. If it were not that I heard the Prophet, may Allah bless him and grant him peace, say, "A neighbour is more entitled by reason of his proximity," I would not give them to you for four thousand. I would sell them for five hundred dinars.' He sold them to Sa'd."

III Which neighbour is considered nearer?

2140. It is related from 'A'isha, "I said, 'Messenger of Allah, I have two neighbours. To which of them should I give?' He replied, 'To the one whose door is nearer to you.'"