the other, and the donee is permitted to dispose of the gift, even if the donor is someone who is entitled to revoke it. Whenever he disposes of it with a valid disposition for which preemption is due, such as selling it, then the preemptor has the choice: if he wishes, he may rescind the second sale and take it via the first sale for its price, because the right of preemption became due for him before the purchaser's disposition; and if he wishes, he may ratify his disposition and take it by right of preemption from the second purchaser, because he is a preemptor in both contracts, so he has the right to take it by whichever of the two he wishes. If three persons trade it, he has the right to take the sold item by the first sale, and the last two contracts are rescinded; he has the right to take it by the second, and the third alone is rescinded; and he has the right to take it by the third, and none of the contracts are rescinded. If he takes it from the third, he pays him the price for which he purchased it, and he does not seek recourse from anyone, because the price for which he purchased it reached him. If he takes the price from the second, he pays him what he purchased it for, and the third seeks recourse against him for what he gave him, because his contract has been rescinded and the share (shiqs) has been taken from him, so he seeks recourse for its price from the second, because he took it from him. If he takes it by the first sale, he pays the first purchaser the price for which he purchased it, the contracts of the others are rescinded, the third seeks recourse against the second for what he gave him, and the second seeks recourse against the first for what he gave him. Thus, if the first purchased it for ten, then the second purchased it for twenty, then the third purchased it for thirty, and he takes it by the first sale, he pays the first ten, the second takes twenty from the first, and the third takes thirty from the second; because the share is only taken from the third, due to it being in his hand and his contract having been rescinded, so he seeks recourse for its price which he inherited. We know of no disagreement regarding this. This is the view of Malik, al-Shafi'i, al-'Anbari, and the People of Opinion (Ashab al-Ra'y). Whatever is in the meaning of a sale for which preemption is due is like a sale in what we have mentioned, and whatever is such that preemption is not due for it,
(1) Omitted from the original. (2) Omitted from the original and B. (3) Omitted from the original. In B: "And if he takes from the second, he pays him the price for which he purchased it." (4) In the original and B: "fa-raja'a" (then he sought recourse). (5) In the original: "wa-yarji'u" (and he seeks recourse). (6) In M: "wa-in" (and if).
