Chapter Two

About The Party Having The Right Of Al-Shuf'a.

CR (330) The party who can have the right of Al-Shuf'a must be a Muslim, if buyer is a Muslim. There is no Al-Shuf'a in favor of a non-Muslim, even if the seller is non-Muslim and a non-Muslim can have this right if the buyer is non-Muslim.

CR (331) The claimant of this right must be able to pay. Whoever is not able to pay is not entitled to it even if he may arrange for guarantee or bond, unless the buyer agrees to such arrangements. If the claimant of such right says that the price only is not present, he must be given three days after which this right is not valid. Adding up the fraction of days can complete the number of three days. If he claims that he has money at some other place he is given enough time to get his money plus three days and if such time expires there is no Al-shuf'a for him. The beginning of such time is the time Al-shuf'a is demanded not the time the sale contract is made.

CR (332) If it takes one more time than what according to common sense is needed to transfer the money from another town, apparently, his Al-Shuf`a becomes invalid.

CR (333) If the claimant of this right is out of town when the property is sold he can claim it when he comes back and learns about the sale, even if he comes back after a long time.

CR (334) If one has an attorney for one's all matters or just for Al-Shuf'a, it is lawful for the attorney to acquire one's Al-Shuf'a.

CR (335) People who suffer from mental-illness, children and insane people also are entitled to this right. The guardians of such people can demand for their Al-Shuf'a. A mentally ill person can with the permission of his guardian, acquire this right as well as children on the basis of strong probability.

CR (336) A bankrupt can also be entitled to this right, provided, the buyer agrees to give him time for payment or borrows money from someone or pays from his property with the permission of other debtors.

CR (337) If the guardians of children, mentally ill or insane people waive, their Al-Shuf'a, afterwards when a child grows or mental illness or insanity is cured they cannot claim this right. The same CR applies if claiming this right would not be for the benefit of these people but if the guardian neglects it, apparently, these people themselves can claim it afterwards when they grow up or their illness is cured.

CR (338) If one and his guardian share some property and the guardian sells it on his behalf it is lawful for him to demand Al-Shuf'a because of what his guardian has sold, because of a strong reason.

CR (339) If the guardian sells his own share, he can demand Al-Shuf'a for his dependent, the same CR applies to an attorney if he is a partner of whom he represents.