al-Qadi and some Shafi'is said: If he is the agent of the seller, he has no preemption because suspicion attaches to him regarding the sale, as he intends to lower the price to acquire it by that means, unlike the agent of the buyer. The jurists (Ashab al-Ra'y) said: The buyer's agent has no preemption, based on their principle that ownership transfers to the agent, so he cannot have a claim against himself. Our position is that he is an agent, so his preemption does not lapse, like the other [agent]. We do not concede that ownership transfers to the agent; it transfers to the principal. Even if it were to transfer to the agent, it would not be established in his ownership; it transfers immediately to the principal, so the acquisition is not from himself, nor is the claim against him. As for suspicion, it does not carry weight because the principal appointed him while knowing that his preemption is established, and was content with his conduct despite that, so it does not carry weight, just as if he had permitted his agent to purchase from himself. Based on this, if he said to his partner: "Sell half of my share with half of your share," and he did so, preemption is established for each of them in the portion sold from the other's share. According to al-Qadi, it is established in the agent's share, but not in the principal's share.

Section: If the preemptor guarantees the liability (uhdah) for the buyer, or stipulates an option for him, and he chooses to finalize the contract, his preemption does not lapse. Al-Shafi'i held this view as well. The jurists (Ashab al-Ra'y) said: It lapses, because the contract was completed through him, so he resembles the seller when he sells part of his own share. Our argument is that this is the reason for the preemption's validity, so the preemption does not lapse by it, just like granting permission for the sale or waiving preemption before the sale is completed. What they mentioned is not correct; for the sale does not depend on the guarantee, and it is invalidated by the fact that if the buyer is a partner, the sale is completed through him, yet preemption is established for him according to his share.