the debt entails a favor upon him when accepted from someone other than the debtor, whereas here it is the opposite. Furthermore, the seller claims that the price paid by the preemptor is a right of the buyer, as compensation for this sold item; thus, he is like a deputy for the buyer in paying the price, and the seller is like a deputy for him in delivering the share, unlike the case of a debt. If the seller acknowledges having received the price from the buyer, the price that is upon the preemptor remains, and no one claims it, because the seller says: "It belongs to the buyer." [The buyer says: "I am not entitled to it." There are three views regarding it: one is that it should be said to the buyer] (81): "Either you take possession of it, or you release [the preemptor] from it." The second is that the judge should take it into his custody. The third is that it remains as a liability on the preemptor. In all of these cases, whenever the seller or the buyer claims it, it is delivered to him because it belongs to one of the two. If they both claim it, and the buyer acknowledges the sale while the seller denies [receiving the price] (83), it belongs to the buyer, because the seller has acknowledged it for him, and also because when the seller denies receipt, he is not a claimant of this (85) price; for the seller is not entitled to a price from the preemptor—he is only entitled to it from the buyer—and he has already acknowledged receipt from him. As for the buyer, he claims it, and [the seller] has acknowledged his entitlement to it, so it is necessary to deliver it to him.

872 - Issue: He said: "And whoever does not demand preemption at the time he learns of the sale, has no preemption."

The correct view in the school is that the right of preemption must be exercised immediately; if he demands it the moment he learns of the sale, he has it, otherwise it is void. Ahmad specified this in the narration of Abu Talib, where he said: "Preemption is by leaping (muwathaba) at the moment one learns of it." This is the opinion of Ibn Shubruma, al-Batti, al-Awza'i, Abu Hanifa, al-'Anbari, and al-Shafi'i.