you claim, for a third of your house." He did so, and there is no preemption applicable to the claimant regarding what he received, while preemption is applicable to the denier regarding the third he took, because he asserts that he took it as compensation for his property that was established for him. The companions of Al-Shafi'i said: Preemption is mandatory [in the third that the claimant took as well, because they are a mutual exchange from both sides for two shares, so preemption became mandatory] in both, just as if it were between two who admitted it. Our position is that the claimant asserts that what he took was his property before the settlement, and no ownership was newly established for him over it; he merely salvaged it through his settlement, so no preemption is mandatory regarding it, just as if he had admitted it.

Section: If a house is between three people in equal thirds, and one of them buys the share of one of his two partners, then sells it to a stranger, and then his partner learns of it, he has the right to take both contracts, or he has the right to take [one of them; because he is a partner in both. If he takes the second contract, he takes everything in the possession of its buyer; because he has no partner in his preemption. And if he takes the] first [contract], and does not take the second, he takes half of what was sold, which is the sixth; because the buyer is his partner in his preemption. He takes half of it from the first buyer, and half of it from the second buyer; because when his partner bought the third, it was between them in two halves, each of them having a sixth. So when he sold a third of everything in his possession, and he possesses two thirds, he has sold half of what was in his possession, and the preemptor is entitled to a quarter of what is in his possession, which is the sixth. Thus, it became divided between them in two halves, so he takes from each of them half of it, which is half of the sixth, and pays its price to the first. The second buyer then has recourse against the first for a quarter of the price with which he bought it. The matter is reckoned out of twelve, then it reduces to four; the preemptor has half the house, and each of the other two has a quarter. And if he takes both contracts, he takes all that is in the possession of the second, and a quarter of what is in the possession of the first, so he has