by this principle, and by the husband's taking half of the dowry upon divorce before consummation, and because it is property that he acquires by compulsion, so he acquires it by taking it, like spoils of war and permissible things. He acquires it by the expression that indicates taking it, because it is a sale in reality, but the preemptor acts independently in it, so it is transferred by the expression that indicates it. Their statement that he acquires it simply by demanding it is not correct; for if he acquired ownership by that alone, preemption would not be extinguished by forgiveness after the demand, and it would necessarily follow that if he had two preemptors and they requested preemption, and then one of them abandoned it, the other would only have the right to take his share and would not have the right to take his companion's share. Once this is established, if he says, "I have taken the share for the price for which the contract was concluded," and he is aware of its amount and of the item sold, the taking is valid, and he acquires the share. He has no right of option, nor does the buyer, because the share is taken by compulsion, and the one who is compelled has no option, and the one who takes by compulsion also has no option, just like one who reclaims a sold item due to a defect in its price, or reclaims the price due to a defect in the sold item. If the price or the share is unknown, he does not acquire it by that, because it is a sale in reality, so knowledge of the two compensations is considered, as in all other sales. He does have the right to demand preemption, then he finds out the amount of the price from the buyer or someone else, and the item sold, and then takes it for its price. It is possible that he has the right to take it even with ignorance of the share, based on the sale of an absent object.

Section: If the preemptor wants to take the share and it is in the hands of the buyer, he takes it from him. If it is in the hands of the seller, he takes it from him and it is like taking it from the buyer. This is the analogy of the school, and it is