their path is one." He said: This is a hasan (good) hadith. [They also argue] because it is a connection of ownership that is lasting and perpetual, so preemption is established by it, just like partnership. Our position is the saying of the Prophet (may Allah bless him and grant him peace): "Preemption is in what has not been divided, but once the boundaries are set and the paths are separated, there is no preemption." Ibn Jurayj narrated from al-Zuhri, from Sa'id ibn al-Musayyib, or from Abu Salamah, or from both, that he said: The Messenger of Allah (may Allah bless him and grant him peace) said: "If the land is divided and bounded, there is no preemption in it." Narrated by Abu Dawud. Also, because preemption was established in the place of agreement contrary to the basic principle (al-asl) due to a rationale that is absent in the place of dispute, thus it is not established therein. The explanation for the absence of this rationale is that the partner might have a partner enter upon him, and he suffers harm by him, so necessity might call for dividing it, or the one entering might demand division, resulting in harm to the [original] partner through the depreciation of the value of his property and what he needs to initiate in terms of amenities, whereas this is not found in [land that is already] divided. As for the hadith of Abu Rafi', it is not explicit regarding preemption; for al-saqab means proximity. It is spelled with both sin and sad. The poet said:

A Kufan woman whose dwelling is far away, neither her abode is near nor her proximity (saqab).

Thus, it is possible he meant the kindness, connection, and visiting of his neighbor, and the like. Our report is explicit and authentic, so it takes precedence. As for the rest of the hadiths, there is criticism concerning their chains of narration; for example, the hadith of Samurah is narrated from him by al-Hasan, but he did not hear from him except for the hadith of the 'Aqiqa, as the scholars of hadith have stated. Ibn al-Mundhir said: "The established [hadith] from the Messenger of Allah (may Allah bless him and grant him peace) is the hadith of Jabir, which we have narrated; as for what is other than it, there is criticism regarding it." Furthermore, it is possible that he meant by "neighbor" the partner, for he is also a neighbor. Each of the two spouses is called a neighbor (jar). The poet said:

My neighbor (jarati), depart, for you are divorced; such are the affairs of people, coming and going.