for it, and the first [purchaser] shares with him in his preemption; because his ownership predates the second purchase, so he is a partner at the time of his purchase. It is also possible that he does not share with him; because his ownership at the time of the second purchase entitles him to take it via preemption, so it [the ownership] cannot be a cause for entitlement to it. If he takes from the third and pardons the first two, there are two views regarding their participation with him. If he takes from the three, there are two views: the first is that none of them share with him, because their properties have been entitled to him via preemption, so they do not deserve preemption over him thereby. The second is that the second [purchaser] shares with him in the preemption of the third. This is the view of Abu Hanifa and some of the companions of al-Shafi'i; because he was a legitimate owner at the time of the third purchase, and for this reason, he deserved to share with him if he [the preemptor] pardoned his preemption. Therefore, it is the same if he does not pardon; because he only deserved the preemption by virtue of the ownership through which he became a partner, not by virtue of pardoning it. For this reason, we said concerning the preemptor if he does not know about the preemption until he sells his share: he has the right to take the share of the first purchaser, and the first purchaser has the right to take the share of the second purchaser. Based on this, the first [purchaser] shares with him in the preemption of the second and third together. Accordingly, if a house is between two people in equal halves, and one of them sells his share to three [people] in three contracts, with one-sixth in each contract, the preemptor has the first sixth, three-quarters of the second, and three-fifths of the third. The first purchaser has a quarter of the second sixth and a fifth of the third, and the second purchaser has a fifth of the third. The calculation is valid out of 120 shares: the first preemptor has 107 shares, the second has nine, and the third has four. If we say that the preemption is according to the number of heads, then the first purchaser has half of the second sixth and a third of the third, and the second has a third of the third, which is half of a ninth; the calculation is valid out of 36, with the preemptor having 29, the second having five, and the third having two shares.

Section: A house is between four [people] in equal quarters. Three of them sell in separate contracts, and their partner did not know.