Hadith.3379 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Abu Abdullah عليه السلام: Regarding a man who bought a house using slaves, goods, fabric, and jewels.
Imam عليه السلام said: "There is no preemption (shufah) for anyone in this case."
And if there is a house that contains multiple units, and the owners share a common courtyard, and one of them sells his unit to another person, the owner of the other unit has the right of preemption, provided it is not possible for him to relocate the door of the purchased unit to another location. But if the door can be relocated, then there is no preemption for anyone.
Whoever claims the right of preemption but says that his money is in another town, he is to be given the time required to travel to and from that town, plus an additional three days. If he fails to produce the money, then he forfeits his right of preemption.
If the claimant of preemption says to the buyer, "May Allah سبحانه وتعالى bless what you have purchased," or requests to divide the property with him, then he has no right of preemption.
Our Sheikh, Muhammad ibn Al-Hasan (may Allah سبحانه وتعالى have mercy on him), used to say that there is no preemption in gifts or items exchanged; preemption applies only to purchases made with a specified price, whether gold or silver, and when the property is undivided.
The narration of Ali ibn Ri'ab supports this.
And if a man relinquishes his share of a house or land to another person, then no one else has the right of preemption against him. And there is no power except with Allah سبحانه وتعالى, the Most High, the Most Great.
