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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 504فصل

الترجمة · EN

they divide it, with each of them getting five, and the second gets two parts; the calculation is valid out of twelve.

Section: If a man buys a share from two men, the preemptor has the right to take the share of one of them and not the other. This is the view of al-Shafi'i. It is narrated from al-Qadi that he does not possess this right, which is the opinion of Abu Hanifa and Malik, so that the transaction of the purchaser is not divided. Our view is that a contract with two individuals is [effectively] two contracts, because he is a purchaser from each of them of his [individual] property for a separate price; thus, the preemptor may take it, just as if he had singled it out with a contract. This is how the objection to what they mentioned is refuted. If two people buy the share of one, the preemptor may take the share of one of the two purchasers. This is the view of Malik, al-Shafi'i, and one of the two narrations from Abu Hanifa. In the other narration, he said: it is permissible for him to do so after possession, but it is not permissible before it, because before possession, the transaction of the seller is divided. Our view is that they are two purchasers, so it is permissible for the preemptor to take the share of one of them, just as it is after possession. We do not concede what they mentioned, given that the other purchaser has taken his share, so it does not constitute a division. If two sell to two, it consists of four contracts, and the preemptor has the right to take the whole or whatever he wishes from them.

Section: If he sells a share to three [people] all at once, his partner has the right to take from the three. He also has the right to take from one of them, or to take from two without the third, because each contract is separate; therefore, taking by one does not depend on taking what is in the other contract, just as if they were separate. If he takes the share of one, the others do not have the right to share with him in the preemption, because their ownership did not precede the ownership of the one whose share he took, and one does not deserve preemption except through prior ownership. However, if he sells his share to three [people] in three separate contracts, and then the preemptor learns of it, he also has the right to take from all three, and he has the right to take from them whatever he wishes. If he takes the share of the first, the others do not have the right to share with him in his preemption; because they did not have ownership at the time of his sale, and if he took the share of the second alone, the third does not have the right to share with him.

الحواشي

(15) Omitted from: [B]. (16) In [B] and [M]: "takes". (17) In [M]: "each contract". (18) Omitted from: [B].

السابقمجلد 7 · صفحة 504التالي
السابق7·504التالي