harmed. Whenever it is other than that, nothing returns to him, so taking it from him would be a harm, and harm is not removed by harm. Our position is that it has become impossible for the pre-emptor to take the whole, yet he is able to take the part, so he is entitled to it for the proportional share of the price, just as if it had perished by the act of someone other than a human, or as if there were another pre-emptor. Or we say: He is taking part of what entered into the contract with him, so he takes it for the proportional share, just as if a sword were included with it. As for the harm, it resulted from the loss, and the pre-emptor had no part in it, and the one whom the pre-emptor takes from receives its price, so the purchaser is not harmed by his taking it. We said he takes the materials even if they are separated because his entitlement to preemption existed at the time of the sale contract, and at that time, it was connected in a way that did not lead to separation, and its separation thereafter does not nullify the right of preemption. This differs from unpollinated fruit if it becomes pollinated, for its result is toward separation and appearance; once it appears, it has become separated, so it does not enter into preemption. If the value decreases while the form of the sold item remains, such as a wall cracking, a building becoming dilapidated, trees becoming stunted, or the land becoming fallow, he has no choice but to take it for the entire price or leave it, because these defects are not compensated by a portion of the price, unlike tangible items. This is why we said: If the purchaser builds, the pre-emptor gives him the value of his building, and if the sold item increases with a connected increase, it enters into preemption.

878 - Issue; He said: (If the purchase was made with bullion or silver, the pre-emptor gives him the same. If it was with merchandise, he gives him [its value])

Its summary is that the pre-emptor takes the share from the purchaser for the price upon which the contract was settled, based on what was narrated in the hadith of Jabir, that the Prophet (may Allah bless him and grant him peace) said: "He is more entitled to it for the price." Narrated by Abu Ishaq