Section: If a murtadd (apostate) purchases a share, his transaction is suspended. If he is killed for his apostasy or dies in that state, we clarify that his purchase is void and there is no preemption in it. If he accepts Islam, we clarify its validity and the establishment of preemption in it. Abu Bakr said: His transaction is invalid in both cases because his ownership ceases upon his apostasy; if he accepts Islam, it returns to him as a renewed acquisition of ownership. Al-Shafi'i and Abu Yusuf said: His transaction is valid in both cases, and preemption is obligatory in it. The basis for preemption here rests on the validity of the apostate's transaction, and it is mentioned in another place. If a share in a company involving an apostate is sold, and the buyer is a disbeliever, and he takes it by preemption, it is also based on that; because his taking it by preemption is a purchase of the share from the buyer, so it resembles his purchase for someone else. If the Muslim preemptor apostatizes and is killed for his apostasy or dies in that state, his wealth transfers to the Muslims. If he had already demanded preemption, it also transfers to the Muslims, and the Imam or his deputy oversees it. If he is killed or dies before demanding it, his preemption is void, just as if he had died as a Muslim. If a Muslim preemptor dies and leaves no heir other than the Bayt al-Mal (Treasury), his share transfers to the Muslims if he died after the demand; otherwise, it does not.

884 - Issue: He said: (If the partner gives permission for the sale, then demands preemption after the sale has taken place, he has the right to do so.)

The sum of this is that if the preemptor waives the right of preemption before the sale, saying, "I have given permission for the sale" or "I have relinquished my preemption" or something similar, it does not lapse, and he has the right to demand it whenever the sale occurs. This is the manifest view of the Madhhab. It is also the view of Malik, al-Shafi'i, al-Batti, and the scholars of opinion (Ashab al-Ra'y). It is narrated from Ahmad that which indicates that preemption lapses due to this; for Isma'il ibn Sa'id said: I said to Ahmad: