Claiming The Al-Shuf'a

CR (340) Claiming this right requires the formal legal expression, like the rest of contracts, such expression is made in words or deeds, like giving the price and accepting goods.

CR (341) It is not lawful for the claimant of this right to buy partially. He must take or leave the whole commodity.

CR (34V: - The claimant of Al-Shuf'a buys goods for the specified price, regardless, its market price is less, more or equal to the specified price.

CR (343) Whether or not such right is effective when the price for the property is exchanged by its price not in kind and the claimant pays the price of price not its kind, there are two views, according to the stronger one it is not effective.

CR (344) If the buyer may have spent, for a broker or gift to the seller the claimant of Al-Shuf'a is not responsible for it.

CR (345) If the seller gives the buyer discount, the claimant of Al-Shuf'a does not have the right to claim for such discounts.

CR (346) According to a strong reason the claimant must not delay to claim, because hesitation and delay with no good reason invalidates this right, but not if it is because of good reason like one's unawareness of the sale or the right or thinks of the price very high and then learns that it is not, or thinking of buyer as 'A' then learning that he is 'B' or that there are many persons and then learning that there is only one, or that the commodity's half is 0100 while, in fact, one fourth is 050 or that the price is gold but he learns that it is silver or that he is imprisoned wrongly or rightly for his inability to pay a loan etc.

CR (347) The immediate demand for Al-Shuf'a that lets one receive such right means to register one's claim immediately that is normally called demand without delay. If one is busy in an obligatory or even optional worship act, it is not necessary to disrupt it.

CR (348) If the claimant is busy eating, say, lunch or drinking, it is not necessary to discontinue and rush to register his claim.

CR (349) The claimant of Al-Shuf'a can wait for friends if he is on a journey if he needs the friend, hot or raining weather to get better, if it is commonly done so or getting ready or taking shower, etc., when he has already learnt about the sale. A delay like visiting sick people or seeing-off a friend etc., is objectionable, provided, not doing so does not cause people to speak ill against him. The same is true of starting optional prayers. Apparently, doing anything which common sense considers delay, invalidates Al-Shuf'a.

CR (350) If the claimant is away from the location where the sale has taken place and he knows about it and he can register his claim through his attorney and does not do so, his right becomes invalid.

CR (351) The claimant must pay immediately. If he only says in words, "I hereby claim my Al-shuf'a" and then goes away or delays or is not able to pay, the commodity remains the property of the buyer, and words do not make it the property of the claimant. It is not that words make it his property but his not paying causes it to become the seller's property again.

CR (352) If the buyer sells goods before the claimant claims his right, it still remains effective, he is allowed to buy it from the first buyer for the same price. In doing so the second contract becomes invalid, if the claimant authorizes the second sale it makes it valid and he can also buy it from the second buyer for the same price and this validates the first contract.

CR (353) If more than one contract take place, from whichever buyer the claimant may overtake; it validates the one before it and invalidates what is after it. This latter could also be made valid by claimant's authorization.

CR (354) If the buyer uses goods as such that it affects Al-Shuf'a like giving it in charity or irreversible or reversible gift or as dowry, etc., the claimant can register his claim against the contract which invalidates all the subsequent uses.

CR (355) Shuf’a is a right that can be dropped by dropping or exchanged for money for dropping it or not claim it. In the first case it must be verbally waived and if it is not done so the claimant can claim it but he has committed an offense and the other party has the choice to annul the agreement and ask for refund or ask the claimant to drop and charge him for the amount of work and apparently, in the second case also. The claimant can also reach a settlement and in doing so it turns ineffective and annulled.

CR (356) Apparently, without objection, this right is not transferable to someone other than the claimant.

CR (357) If a partner sells his share before claiming Al-Shuf'a, apparently, this right becomes invalid especially when his selling takes place after knowing about Al-Shuf'a.

CR (358) It is well known that for claiming Al-Shuf'a it is necessary to know the amount of price, but if one claims this right without knowing the price such claim is not valid, however, to consider such claim valid is not totally groundless.

CR (359) If the commodity is totally destroyed before any Al-Shuf'a claim is registered, Al-Shuf'a becomes invalid and void.

CR (360) If the commodity is partially destroyed the claimant can claim the rest of the commodity for the whole agreed price without any responsibility on the part of the buyer.

CR (361) If the commodity is destroyed after claiming Al-Shuf'a, if the loss is due to an act of the buyer he is responsible for it.

CR (362) If the commodity is destroyed and it is not due to buyer's act he is still responsible if it is because of his delay in giving possession to the claimant of the right.

CR (363) Transfer of the right of Al-Shuf'a to the heirs of the claimant is objectionable, in the case of transfer, the claims of only some of the heirs without the rest of heirs is of no effect.

CR (364) If the claimant drops his right of Al-Shuf'a before a sale takes place such waiving is not effective, the same CR applies when the claimant witness the sale and congratulates the buyer, unless there is some clear indication of waiving it after the sale.

CR (365) If a commodity is owned by two people of whom one is not present and a third party claims to be the representative of the other partner, it is lawful to buy it from him and use it and in this case claiming of the partner present the right of Al-Shuf'a after learning about the sale is objectionable, although its lawfulness is not far from reality; if the partner not present arrives his acknowledgment of such representative authenticates the deal, but if he denies it his words are effective on oath. When he takes the oath his share goes out of the claimant's hand and the owner can claim rent from the claimant if the commodity has yielded profits, in fact, even without yielding any profits, and if the claimant returns it to the owner, he takes his demand against the person claiming to be the representative.

CR (366) If the price is payable at a certain time later the claimant of the right of Al-Shuf'a can buy the commodity on the same terms, and apparently, he could lawfully be made to arrange for a guarantee for such terms, and the claimant can also buy and pay cash if the other party (buyer) agrees or go with the delayed payment if it is a condition made in favor of the buyer against the seller.

CR (367) The right of Al-Shuf'a cannot be annulled through Eqalah (see par. before CR 307) if the parties do arrange for Eqalah, the claimant of the right of Al-Shuf`a can lawfully demand for the right of Al-Shuf'a which invalidates the Eqalah and after this the profits of the commodity belong to the buyer and the profits of the price to the seller just as was the case before it.

CR (367) If according to the terms of the deal the seller has the choice to get the commodity back, apparently, this does not affect the right of Al-Shuf'a, but if the seller chooses to annul the contract the commodity comes back to him, in fact, the rest of the forms of the right of having the choice to annul a contract could also be applied to this case and if the contract is annulled the commodity goes back to the seller.

CR (369) If the commodity is defective and if the buyer knows about it he does not have the choice to annul the contract, or ask for compensation. Now if the claimant of the right of Al-shuf'a claims it if he knows about it, he can have nothing but if he is ignorant, he has the choice to return it but he cannot ask for compensation. If the buyer is ignorant of this fact he can ask for compensation but he has no choice to return and if the claimant claims Al-shuf'a, he can return it, if this is not possible it is not far from reality that he can demand compensation from the buyer even if the seller may have been taken harmless against such demand.