of release and retrieval. Thus, what good companionship dictates is that he sells it to him, so that he may attain his purpose of selling his share and liberating his partner from harm. If he does not do this and sells it to a stranger, the Law (Shar') empowers the partner to divert it to himself. We do not know of anyone who disagreed with this except al-Asamm, for he said: Preemption is not established, because there is harm in that to the property owners; for if the buyer knows that it will be taken from him if he buys it, he will not buy it, and the partner will refrain from purchasing, and thus the owner will be harmed. This is of no merit, due to its contradiction of the established reports and the consensus established before him. The response to what he mentioned is from two aspects: First, we observe partners selling, and one who buys from them—other than their partners—is not lacking, and the entitlement to preemption has not prevented them from buying. Second, if hardship befalls him due to this, he may divide [the property], and the entitlement to preemption will lapse. The derivation of the word "shuf'a" (preemption) is from the "shaf'" (even number), which is the opposite of the odd; for the preemptor's share was separate in his possession, so through preemption, he joins the sold item to his possession, thereby making it even. It is also said: Its derivation is from increase (ziyada), because the preemptor increases the sold item into his possession.

871 - Issue: Abu al-Qasim said: (Preemption is not mandatory except for the partner who has not divided; when the boundaries are set and the paths are laid out, there is no preemption.)

The summary of this is that preemption is established contrary to the original rule (al-asl), as it is the seizure of the buyer's property without his consent and forcing him into an exchange, along with what al-Asamm mentioned. However, the Law established it for a preponderant interest, so it is not established except under four conditions: First, that the property be undivided and not partitioned; as for the neighbor, he has no right of preemption. This was stated by 'Umar, 'Uthman, 'Umar ibn 'Abd al-'Aziz, Sa'id ibn al-Musayyab, Sulayman ibn Yasar, al-Zuhri, Yahya al-Ansari, Abu al-Zinad, Rabi'ah, al-Mughirah ibn 'Abd al-Rahman, Malik, al-Awza'i, al-Shafi'i, Ishaq, and Abu