Category:The Book of Pre emption in Property in Muwata Malik

List of Chapters in The Book of Pre emption in Property

Combined Book Name

The Book of Pre emption in Property*Muwata Malik Belongs to the following Combined Book Name

The Book of Pre emption in Property Summary

1. Yahya related to me from Malik from Ibn Shihab from Said ibn al Musayyab and from Abu Salama ibn Abd ar Rahman ibn Awf that the Messenger of Allah may Allah bless him and grant him peace decreed for partners the right of preemption in property which had not been divided up
2. Then ifthe one with the right of pre emption wishes he can compensate him or else he can leave it unless he can bring a clear proof that theslave or slave girl s value is less than what the buyer said
3. If someone makes a gift of hisportion of a shared house or land and does not take any remunerationand does not seek to and a partner wants to take it for its value hecannot do so as long as the original partner has not been givenrecompense for it
4. Malik said As for a man who buys out the share of one of his partners and oneof the other partners says I will take a portion according to myshare and the first partner says If you wish to take all thepreemption I will give it up to you
5. Malik said If someone sells a section of shared land and one of those who havethe right of preemption surrenders it to the buyer and another refusesto do other than take his pre emption the one who refuses tosurrender has to take all the preemption and he cannot take accordingto his right and leave what remains
6. Malik said What is done in our community is that there is no pre emption in the courtyard of a house whether or not it is practical todivide it
7. Malik continued If the timehas been long or the witnesses are dead or the seller has died orthe buyer has died or they are both alive and the basis of the saleand purchase has been forgotten because of the length of time pre emption is discontinued
8. If his situation differs fromthis because the sale transaction is recent and he sees that theseller has concealed the price in order to sever his right of pre emption the value of the land is estimated and he buys the land forthat price by his right of pre emption
9. If he were to leave them and not refer their situation to the Sultan and they knew about hispurchase and then they left it until a long time had passed and thencame demanding their pre emption I do not think that they would haveit

Place Holder