This was stated by al-A'sha. Two co-wives are called "neighbors" (jaratayn) due to their sharing of the husband. Hamal ibn Malik said: "I was between two neighbors of mine, and one of them struck the other with a tent pole (mistah), killing her and her fetus." This is also a possibility in interpreting the hadith of Abu Rafi'. Once this is established, there is no difference between whether the path is separate or shared. Ahmad said, in the narration of Ibn al-Qasim, concerning a man who has land that is irrigated along with the land of another from the same river: "There is no preemption for him by virtue of the irrigation; once the boundaries are set, there is no preemption." He also said, in the narration of Abu Talib, Abdullah, and Muthanna, regarding one who does not see preemption by virtue of neighborhood and it is presented to the judge and he denies it: "He does not swear an oath; it is merely an exercise of discretion, and people have differed regarding it." Al-Qadi said: "This is only because the oath of the denier here is based on certainty and finality, while issues of Ijtihad are matters of conjecture, so the invalidity of the opponent's school is not asserted." It is possible that Ahmad's statement here is interpreted as an act of piety (wara'), not prohibition (tahrim), because he [otherwise] judges the opponent's school as invalid. It is permissible for the buyer to refrain from delivering the sold item [by relying on this view] in what is between him and Allah the Exalted.

Section: The second condition is that the sold item must be land, because it is that which remains permanently and its harm endures. As for other things, they are divided into two categories: The first is that in which preemption is established as a dependency of the land, which is the building and the plantation that is sold with the land; it is taken by preemption as a dependency of the land without disagreement in the School, and we know of no disagreement among those who establish preemption regarding it. This is indicated by the saying of the Prophet (may Allah bless him and grant him peace) and his ruling of preemption in every share that has not been divided, whether it is a plot (rub'ah) or a walled garden (ha'it), and this includes buildings and trees. The second category is that in which preemption is not established, neither as a dependency nor independently, and that is crops.