Based on what has been narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "There is no preemption in a courtyard (fina'), a path, or a narrow passage (manqabah)." The manqabah is a narrow path. Abu al-Khattab narrated this in "Ru'us al-Masa'il." It was also narrated from Uthman (may Allah be pleased with him) that he said: "There is no preemption in a well or a stud-animal (fahl)." Furthermore, establishing preemption in this [type of property] harms the seller, because he cannot escape the imposition of preemption on his share through division, and sometimes the buyer may refrain from the purchase because of the preemptor (shafi'), thereby harming the seller. The sale might even be prevented, so the preemption is voided; thus, establishing it leads to its negation. It is possible to argue that preemption is only established to avert the harm that befalls [a partner] through division due to the need to establish private utilities, and this is not found in that which cannot be divided. As for their argument that the harm here is greater because it is perpetual, we say: the harm in the agreed-upon case is of a different kind than this harm; it is the harm of the need to establish private utilities, so it is not possible to draw an analogy. In preemption here, there is harm not found in the agreed-upon case—which is what we mentioned—so applying the analogy is invalid. As for what can be divided of what we mentioned, such as a large bathhouse with spacious chambers, such that when it is divided it is not damaged by the division and it is possible to benefit from it as a bathhouse, then preemption is mandatory in it. The same applies to wells, houses, and doorjambs: whenever it is possible to obtain two things from it, such as a well that divides into two wells from which water can be drawn, preemption becomes mandatory. Likewise, if there is open land with the well such that the well can be [assigned] in one of the two shares, preemption is also mandatory because division is possible. Similarly for a mill, if it has a structure that can be divided such that the stones end up in one of the two parts, or if it has four circular stones and it is possible for each [party] to be separated with two stones, preemption is mandatory. If it is not possible except that each of them receives what