Section: If the price is deferred, the pre-emptor takes it with that deferment, provided he is solvent; otherwise, he shall provide a solvent guarantor and then take it. This is the opinion of Malik, 'Abd al-Malik, and Ishaq. Al-Thawri said: He may not take it except for a spot cash payment. Abu Hanifa said: He may not take it except for a spot price, or he must wait for the deferment period to expire and then take it. There is a narration from al-Shafi'i similar to our school of thought. It is argued against this that he could potentially take it with the deferment, for this would lead to requiring the purchaser to accept the liability of the pre-emptor, and liabilities are not equivalent. He takes it for its equivalent, and he is not required to take it for its equivalent immediately, so as not to be burdened with more than what the purchaser is burdened with, nor for the equivalent of the price at the time of the deferment; because he is only taking it for the equivalent of the price or its value, and the commodity is not one of these, so nothing remains but giving him the choice. Our position is that the pre-emptor is an extension of the purchaser regarding the amount of the price and its qualities, and deferment is one of its qualities. Furthermore, in demanding immediate payment, there is an increase over the deferment, so it is not binding upon the pre-emptor, just as an increase in the amount is not. As for what they mentioned regarding the discrepancy in liabilities, we do not require it unless solvency is established in the pre-emptor, or in his guarantor, such that the money is preserved. Therefore, the difference between their liabilities in matters beyond that does not cause harm, just as if he had purchased the share with a commodity whose value must be determined; the difference between them does not cause harm. Whenever the pre-emptor takes it with the deferment and either the pre-emptor or the purchaser dies, and we hold that the debt becomes due upon death, the debt becomes due against the deceased party among them, not the other; because the cause of its becoming due is death, so it is specific to the one in whose regard it occurred.

Section: If one sells a share subject to pre-emption, and with it is something not subject to pre-emption, such as a sword and a garment, in a single contract, the right of pre-emption is established in the share for its portion of the price, excluding what is with it. Each one of the two is valued, the price is divided according to the value of both, and the pre-emptor takes that which pertains to the share. This is the opinion of...