The Book Of Al Shufa

If one partner sells his share to a third party the other partner has the right to buy for the fixed price and this right is called Al-Shuf'a.

Chapter One

The commodity About Which The Right of Al-shuf'a Could be Established.

CR (316) The right of Al-Shuf'a can doubtless be established about the sale of immovable properties, divisible properties like real property, land, houses and gardens. Can it be established in movable properties, like tool clothes, animals and also indivisible immovable properties? There are two views: According to the stronger view it can be established in this case with the exception of ships, canals, roads and flour-mills in which case this cannot be established.

CR (317) The right of Al-Shuf'a cannot be established on the basis of being the neighbor, thus, if one sells his house the neighbor does not have the right of Al-Shuf'a in this case.

CR (318) If two neighboring houses each belonging to a person would have a common walkway or driveway and the house is sold with its share of the common driveway, the owner of the other house has the right of Al-Shuf'a, regardless, the houses were commonly owned by the two people and is recently divided or they were not commonly owned at all.

CR (319) Even if many houses would have a common driveway, still the right of Al-Shuf'a can be established for the owners of all such houses sharing a common driveway.

CR (320) If a house which has a common way with another house is sold without the way, the owner of the other house would have no right of Al-Shuf'a.

CR (321) If only the share of one of the two neighboring houses of the common way is sold still the neighbor would have the right of Al-Shuf'a

CR (322) Is the right of Al-Shuf'a associated only with houses or it exists with other properties sharing driveways also? There are two views about it, according to the stronger view; this right does take place with other properties also.

CR (323) A group of scholars have applied the CR of commonly owned way to commonly owned canals brooks and wells. Thus, if one of the two houses sharing the other, a canal, or a brook or a well is sold along with its share of canal, etc., the owner of the other house will have the right of Al-Shuf'a in the house also. This view is objectionable, in fact, it is not correct.

CR (324) If a property once commonly owned is now divided and is sold together with one's share of unspecified area or quantity, the other partner has the right of Al-Shuf'a in the common share, not the one divided and its price after it is divided.

CR (325) In the properties other than houses and land, the right of Al-Shuf'a can only be established when a property is sold, thus, in gift for which one receives something in exchange, financial settlement, etc., there will be no right of Al-Shuf'a, for the concerned party, but in the case of houses and for the land limiting this right with the sale of such properties is not free from objection.

CR (326) If some part of a property is privately owned and some part of it is endowed and is charitable, and when the privately owned part is sold the beneficiaries of charitable property do not have the right of al-shuf'a because of a strong reason even if there is one person only.

CR (327) If in the case of CR 303 the charitable part of the property is sold (provided such sale is lawful) in this case, would the other partner have the right of Al-Shuf'a? There are two views about it, according to the one closer to reality the other partner does have the right of Al-Shuf'a.

CR (328) To establish the right of Al-Shuf'a it is necessary that the property sold be owned commonly by two parties not more. In case of more than two partners if everyone sells his share except one, his having the right of Al-shuf'a is subject to objection, in fact, he does have such right.