nor [does] any of them [know] about the others, then the one who did not sell has the right of preemption in all of it. Is the second and third seller entitled to preemption regarding what the first and second sellers sold? There are two views. [Likewise, is the third entitled to preemption regarding what the first and second sold? There are two views]. Is the purchaser of the first quarter entitled to preemption regarding what the second and third sold? And is the second entitled to the preemption of the third? There are three views: the first is that they are both entitled, because they were owners at the time of the sale. The second is that they have no right, because their ownership is unsettled, as it is subject to being taken by preemption, so it is not established by it. The third is that if he pardons them, they take it, otherwise they do not. If we say that everyone shares, then the one who did not sell has one-third of each quarter, because he has two partners, so the quarter is added to his ownership, and thus half [of the total] is completed for him. The seller and the first purchaser have one-third, with each of them having one-sixth, because he is a partner in a preemption right. [The second seller and the second purchaser have one-sixth, with each of them having half of it; because he is a partner in the preemption of] one sale, and the calculation is valid out of twelve.
Section: If a partner sells half of a share to a man, then sells the remainder of it in another contract, then the preemptor learns of it, he has the right to take the first and second sold items, and he has the right to take one of them without the other, because every contract has its own ruling. If he takes the first, no one shares with him in his preemption. If he takes the second, does the purchaser share with him in his preemption regarding his first share? There are three views: the first is that he shares with him in it. This is the school of Abu Hanifa and some of the companions of al-Shafi'i, because he is a partner at the time of
(20) Omitted from: the original. (21) Omitted from: [B]. (22) In [M]: "or does". (23) In the original: "and to the purchaser". (24) Omitted from: [M]. A slip of the eye. (25) In the original: "his [the share] itself". (26) Omitted from: [B]. In the original: "in both of them".
