partitioning the purchaser's transaction, and because he may be content with the partnership of one of the two purchasers without the other, unlike the previous case, for there, the purchaser is one.

882 - Issue: He said: "The liability (uhda) of the preemptor is upon the purchaser, and the liability of the purchaser is upon the seller."

This means that if the preemptor takes the share and it appears to be rightfully owned by someone else (mustahaqq), his recourse for the price is against the purchaser, and the purchaser has recourse against the seller. If he finds it defective, he may return it to the purchaser or take the indemnity (arsh) from him, and the purchaser returns it to the seller or takes the indemnity from him, regardless of whether he received the share from the purchaser or the seller. This is the view of al-Shafi'i. Ibn Abi Layla and Uthman al-Batti said: The liability of the preemptor is upon the seller, because the right was established for him by the seller's obligation, so his recourse is against him, like the purchaser. Abu Hanifa said: If he takes it from the purchaser, the liability is upon him, and if he takes it from the seller, the liability is upon him, because when the preemptor takes it from the seller, the purchaser's taking possession becomes impossible, so the sale between the seller and the purchaser is rescinded. Thus, the preemptor is taking from the seller, owning it from his direction, so his liability is upon him. Our argument is that preemption is entitled after the purchase and the realization of ownership for the purchaser, then ownership transfers from the purchaser to the preemptor for the price. Thus, the liability is upon him, as if he had taken it from him via a sale. Furthermore, he owns it from the direction of the purchaser for the price, so he has the right to return it to him due to a defect, just like a purchaser in the first sale. His analogy to the purchaser in placing his liability upon the seller is not valid, because the purchaser owns it from the seller, unlike the preemptor. As for when he takes it from the seller, the seller is an agent for the purchaser in the delivery that is owed by him. If the contract between the purchaser and the seller is rescinded, the preemption is invalidated, because it was entitled by it.