right of Suf'ah for neighbours

Category: 

Business Dealings & Money Matters

According to Madhhab: 

Hanafi

Reference: 

1441-160

Question: 

A person has 2 neighbours that are Muslim. Who is entitled to the right of Suf'ah? The one on the right or left, or the one whose door is closest? What about the opposite neighbour if he too is Muslim? 

Answer: 
In Shariah, three categories of people will get the right of Shuf’ah in the following order:
Firstly, the partner/associate (khalīṭ) in the property on sale will deserve the right of Shuf’ah. However, if he is not interested or does not demand Shuf’ah, then the partner/associate in the Huqooq/Rights of the property will earn the right of Shuf’ah and if he is not interested or does not demand it, then Shuf’ah is awarded to the next person in line who is the neighbour. Moreover, if none of them demands it or refuses taking it, the right of Shuf’ah will fall away; thereafter, anyone can purchase the property. (Shaami Vol. 6 Pg.219)

Furthermore, in the enquired case, if B is selling his property and A’s property is adjoining B’s property on the right and C’s property is adjoining B’s property on the left; whereas D stays opposite of B, then A and C will be awarded Shuf’ah equally and not D.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Sohel Lala 
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date:9 صفر 1441 
English Date: 8 October 2019

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