in it. Harb narrated that Ahmad was asked about the people of innovation: Do they have the right of preemption? It is also narrated from Ibn Idris that he said: The Rafida (Shi'a) do not have the right of preemption. He (Ahmad) laughed and said: 'He meant to expel them from Islam.' The literal implication of this is that he established the right of preemption for them. This is understood to apply to those among them who are not extremists. As for those who are extremists—such as those who believe that Gabriel erred in the delivery of the message and came to the Prophet (peace and blessings of Allah be upon him), but was actually sent to Ali, and the like—and those judged to be infidels from among the proponents of the createdness of the Qur'an, there is no right of preemption for them; because if the right of preemption is not established for the Dhimmi who is permitted to remain in his disbelief, then others are even more deserving of its negation.

Section: Preemption is established for a Bedouin against a town-dweller, and for a town-dweller against a Bedouin, according to the opinion of the majority of scholars. Al-Sha'bi and al-Batti said: There is no preemption for one who does not reside in a city. Our evidence is the generality of the evidences and their shared meaning that necessitates the obligation of preemption.

Section: Ahmad said, in the narration of Hanbal: We do not see any preemption in the land of al-Sawad (Lower Iraq); this is because the land of al-Sawad is an endowment (waqf), endowed by Umar (may Allah be pleased with him) for the Muslims, and its sale is not valid, and preemption only occurs in a sale. The ruling is the same for the rest of the lands that Umar (may Allah be pleased with him) made an endowment, which are the lands conquered by force during his time that he did not partition, such as the land of Sham (Greater Syria) and the land of Egypt. Likewise, every land conquered by force that was not partitioned among the conquerors [has no preemption], unless a judge rules for the sale of that land, or the Imam or his deputy does so. If that is done, preemption is established therein; because it is a matter of disagreement, and whenever a judge makes a ruling on a matter of disagreement, his ruling takes effect. And Allah knows best.