nothing. In another narration, it is that he is exempted, unless the seller knew of the defect and concealed it, then stipulated the exemption. According to this narration, if the preemptor knew of the condition of exemption, his ruling is the same as the ruling of the purchaser, for he entered into the purchase based upon it, thus becoming like a second purchaser who stipulated the exemption. And if he did not know of that, his ruling is the same as the ruling if the purchaser knew of it while the preemptor did not.

883 - Issue: He said: "And preemption is not inherited, unless the deceased had demanded it."

The summary of this is that if the preemptor dies before taking it, he falls into one of two states: The first is that he dies before demanding it, in which case it lapses and does not transfer to the heirs. Ahmad said: "Death annuls three things: preemption, the prescribed punishment (hadd) if the one accused of adultery dies, and the option (khiyar) if the one who stipulated the option dies; it does not belong to the heirs." These three things are only established by a demand, so if he does not demand, it is not obligatory, unless he calls witnesses, saying: "I am upon my right regarding such-and-such, and I have demanded it." If he dies after that, his heir has the right to demand it. The lapse of it upon death was narrated from al-Hasan, Ibn Sirin, al-Sha'bi, and al-Nakha'i. Al-Thawri, Ishaq, and the People of Opinion (Ashab al-Ra'y) stated the same. Malik, al-Shafi'i, and al-'Anbari said: "It is inherited." Abu al-Khattab said: "It can be deduced for us similarly; because it is an option established to repel harm from the wealth, therefore it is inherited, like the option of return due to a defect." Our argument is that it is a right of annulment that is established—not for the loss of a part—therefore it is not inherited, like returning a gift (hiba), and because it is a type of option granted for ownership, it resembles the option of acceptance. As for the option of return due to a defect, it is for the sake of rectifying a part that was lost from the sold object. The second state: when he demands the preemption and then dies. The right of preemption transfers to the heirs, according to a single opinion. Abu al-Khattab mentioned this, and we have mentioned Ahmad's text regarding it; because the right is established by the demand, and for that reason, it does not lapse by delaying the taking of it after that, whereas before it, it lapses. The judge (al-Qadi) said: "The share becomes the property of the preemptor by the mere demand."