Definition & Evidence

**Definition:** The partner's entitlement to extract his partner's share from whoever it transferred to for monetary compensation. Called shuf'ah because the owner joined (shafa'a) the sold portion to his property - making it a pair (shaf') after it was single in his ownership. Also defined as: a compulsory right of ownership established for the old partner over the new partner due to the partnership - to ward off harm. **Evidence from Sunnah:** - **Hadith of Jabir رضي الله عنه:** "The Messenger of Allah ﷺ judged pre-emption in everything that has not been divided. When boundaries are established and roads are separated, there is no pre-emption" [Bukhari & Muslim] - **Another narration:** "The Messenger of Allah ﷺ judged pre-emption in every undivided partnership - land or orchard. It is not permissible for him to sell until he informs his partner. If he wishes, he takes it, and if he wishes, he leaves it. If he sells without informing him, he is more entitled to it" [Muslim] - **Hadith:** "The neighbor of a house is more entitled to the house" [Tirmidhi, Abu Dawud - sahih] **Consensus:** Scholars have unanimously agreed on establishing the right of pre-emption for an undivided partner in what is sold of land, house, or orchard.