17. The Chapters on Pre-emption

It was narrated that Jabir said: “The Messenger of Allah (ﷺ) said: 'Whoever has a date-palm tree or land, should not sell it until he has offered it to his partner.' ” It was narrated from Ibn Abbas that the Prophet (ﷺ) said: “Whoever has land and wants to sell it, let him offer it to his neighbor.” It was narrated from Jabir that the Messenger of Allah (ﷺ) said: “The neighbor has more right to preemption of his neighbor, so let him wait for him even if he is absent, if they share a path.” It was narrated from Abu Rafi' that the Prophet (ﷺ) said: “The neighbor has more right to property that is near.” It was narrated that Sharid bin Suwaid said: “I said: 'O Messenger of Allah, (what do you think of) land owned by only one person but this land has neighbors?' He said: 'The neighbor has more right to property that is near.' ” It was narrated from Abu Hurairah that: the Messenger of Allah (ﷺ) ruled concerning preemption of land that has not been divided; if the boundaries have been set then there is no preemption. It was narrated from Abu Rafi' that the Messenger of Allah (ﷺ) said: “The partner has more right to what is near him, so long as he is still a partner.” It was narrated from Jabir bin Abdullah that: the Messenger of Allah (ﷺ) ruled that preemption takes effect in all cases where land has not been divided. But if the boundaries have been set and the roads laid out, then there is no preemption.” It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said: “Preemption is like undoing the `Iqal.” It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said: “There is no preemption for a partner when his co-partner has beaten him to it (in another deal before), not for a minor nor one who is absent.”