Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the 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 the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in ...

Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present and marking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptor loses his right of preemption."

Jabir bin 'Abdullah (Allah be pleased with them) said that the Messenger of Allah (may peace be upon him) decreed pre-emption in every joint ownership and not divided-the one-it may be a dwelling or a garden. It is not lawful for him (for the partner) to sell that until his partner gives his consent. He (the partner) is entitled to buy it when he desires and he can abandon it if he so likes. And if he (the one partner) sells it without getting the consent of the (other partner), he has the greatest right to it.

The Prophet has decreed that preemption is valid in all cases where the real estate concerned has not been divided, but if the boundaries are established and the ways are made, then there is no preemption. A man said, "Preemption is only for the neighbor," and then he makes invalid what he has confirmed. He said, "If someone wants to buy a house and being afraid that the neighbor (of the house) may buy it through preemption, he buys one share out of one hundred shares of the house and then buys the rest of the house, then the neighbor can only have the right of preemption for the first share but not for the rest of the house; and the buyer may play such a trick in this case."

Allah's Apostle gave preemption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.

The Prophet said, "The right of preemption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption."

The Prophet established the right of Shu'fa (i.e. Preemption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.

Allah's Apostle decided the validity of preemption in every joint undivided property, but if the boundaries were well marked or the ways and streets were fixed, then there was no pre-emption.

Allah's Apostle gave a verdict regarding Shuf'a in every undivided joint thing (property). But if the limits are defined (or demarcated) or the ways and streets are fixed, then there is no pre-emption.

(the freed slave of Al-Mughira bin Shu`ba) Al-Mughira wrote to Muawiya bin Abu Sufyan that Allah's Apostle used to say at the end of every prayer after the Taslim, "La ilaha illa-l-lahu wahdahu la sharika lahu; lahu-l-mulk wa lahu-l-hamd, wahuwa 'ala kulli shai'n qadir. Allahumma la mani'a Lima a taita, wa la mu'ta Lima mana'ta, wa la yanfa'u dhal-jaddu minkal-jadd.

(the clerk of Al-Mughira bin Shu`ba) Once Al-Mughira dictated to me in a letter addressed to Muawiya that the Prophet used to say after every compulsory prayer, "La ilaha illa l-lahu wahdahu la sharika lahu, lahu l-mulku wa lahu l-hamdu, wa huwa `ala kulli shay'in qadir. Allahumma la mani`a lima a`taita, wa la mu`tiya lima mana`ta, wa la yanfa`u dhal-jaddi minka l-jadd. [There is no Deity but Allah, Alone, no Partner to Him. His is the Kingdom and all praise, and Omnipotent is he. O Allah! Nobody can hold back what you gave, nobody can give what You held back, and no struggler's effort can benefit against You]." And Al-Hasan said, "Al-jadd' means prosperity [??]."