3. The Pre-empted Object (المشفوع فيه): The right or property subject to pre-emption.

4. The Consideration for Pre-emption (المشفوع به): The amount paid by the pre-emptor to the pre-empted-against party as compensation. -------------- المسألة الثانية: الأحكام المتعلقة بالشفعة Rulings Related to Pre-emption 1. A co-owner is not permitted to sell their share without first informing and offering it to their partner. If they proceed with the sale without notifying the partner, the latter retains the right to claim it. 2. The right of Shuf’ah is not applicable to movable goods such as personal belongings, commodities, livestock and Similar Properties. 3. Shuf’ah is a legitimate right and cannot be circumvented to invalidate it, as it was established to prevent harm to a co-owner. EXAMPLE: Person B completes a sale but, when confronted, asserts that the transaction was invalid due to a failed contractual condition—such as the absence of the required inspection—then returns the property and subsequently endows it to the buyer as a ruse حيلة. Another Example: Inflating the price excessively to prevent the partner from being able to afford that price and thus not being able to exercise his right. NOTE: In such cases, the right of Shuf’ah remains unaffected. Sheikh Al-Islam Ibn Taymiyyah (may Allāh have mercy on him) said: «ما وجد من التصرفات لأجل الاحتيال على إسقاط الشفعة فهو باطل، ولا تتغير حقائق العقود بتغيُّر العبارة» "Any transactions undertaken as a means of circumventing the right of Shuf’ah are invalid. The realities of contracts do not change merely by altering the wording." 4. Shuf’ah applies to co-owners in proportion to their ownership shares. Whoever has the right to Shuf’ah must take the property at the same price for which it was sold, whether the payment is immediate or deferred. 5. Shuf’ah is only applicable when the transferred share is sold through an explicit sale or its equivalent. It does not apply when ownership is transferred without a sale, such as in cases of gifts without compensation, inheritance, or bequests. EXAMPLE: Two men jointly own a piece of land, each possessing half of it. If one of them dies, his partner does not have the right of Shuf’ah over his share. Rather, the heirs of the deceased take his place. Similarly, if one of them gifts or bequeaths his share, the right of Shuf'a does not apply to the partner, unless it is done as a form of deception حيلة. 6. The sold real estate must be divisible for Shuf’ah to apply. There is no Shuf’ah in indivisible properties such as a small bathhouse, a well, or a pathway. NOTE: Most scholars (jumhoor) state: the right of Shuf'a does not apply to transferable property (المنقولات) or to items that cannot be divided, such as animals, cars, and similar things. However, what's more correct is that the right of shuf'ah is established for transferable property as well as undivisible items based on the general statement of the Prophet, peace be upon him: «الشُفْعة فيما لم يقسم» "The Shuf'a applies to what has not been divided." This is because the right of Shuf'a was established to prevent harm, and the harm caused by undivisible items is more significant than that caused by divisible ones. قال الإمام ابن القيم رحمه الله: “واحتُج لهذا القول بحديث جابر الصحيح: “قضى رسول الله  بالشفعة في كل ما لم يُقسم” [1]، وهذا يتناول المنقول والعقار”. 7. The right to claim Shuf’ah must be exercised immediately upon knowledge of the sale (according to Jumhoor). If the pre-emptor fails to claim it at the time of sale, the right is forfeited unless they were unaware of the transaction. If the delay was due to a valid excuse, such as ignorance of the ruling or other justified reasons, the right remains intact. NOTE: Shuf’ah does not fall unless there is something that indicates consent, such as forgiveness or similar actions.