This is the view of al-Shafi'i. Abu Hanifa said: They have no preemption, because the right transferred to the creditors. Our view is that it is a sale involving a share that their predecessor left behind, so they have the right to demand preemption, just as in the case of one who is not insolvent. We do not concede that the estate transferred to the creditors; rather, it belongs to the heirs, evidenced by the fact that if it were completed or its price increased, it would be reckoned for the creditors in the settlement of their debts. Their right is merely attached to it, which does not prevent preemption, just as if a man had a mortgaged share and his partner sold [his own], he would be entitled to preemption for it. If a deceased person had a house and part of it was sold to pay his debt, the heirs would have no preemption, because the sale occurs on their behalf, so they cannot claim preemption against themselves. If the heir was a partner to the deceased and the deceased’s share was sold for his debt, there is likewise no preemption, because the deceased’s share transferred upon his death to the heir; thus, when it was sold, his own property was sold, and he cannot claim preemption against himself.

Section: If a man purchases a share subject to preemption and makes a bequest of it, then dies, the preemptor has the right to take it via preemption, because his right is prior to the right of the legatee. When he takes it, he pays the price to the heirs, and the bequest becomes void because the bequeathed object has ceased to exist, so the bequest is voided, as if it had perished, and the legatee is not entitled to a substitute for it, as he was only bequeathed that specific share, which has been lost through the preemption. If a man makes a bequest to a person of a share, then dies, and a share within his estate is sold before the legatee has accepted, the preemption belongs to the heirs, according to the correct view, because the bequeathed object does not become the property of the legatee except after acceptance, which has not occurred; therefore, it remains in the ownership of the heirs. It is possible that it belongs to the legatee if we hold that ownership transfers to him merely upon death. If he accepts the bequest, he earns the right to demand it, because it is then evident that the ownership was his, and thus the sale occurred during his partnership. He does not earn the right to demand it before acceptance, because we do not