Right of Pre-emption: Ruling on Deducting Debt from Rent and Claiming Pre-emption Rights

Practical Laws of Islam as per the teachings of Imam Khamenei

Right of Pre-emption: Ruling on Deducting Debt from Rent and Claiming Pre-emption Rights

English:

Question #1623:

A person rented one floor of a two-storey building. The property is owned by two brothers who are indebted to the tenant for a sum of money. Despite repeated requests by the creditor, the two brothers have been avoiding payment of the debt for the past two years. He concluded that it is within his right to retrieve his money by deducting it from the rent. The value of the property is higher than the value of debt. He assumed in so doing he became a partner in the property of the two brothers. Can he exercise pre-emption on the rest of the property?

Answer #1623:

As the question goes, there is no case for pre-emption. Pre-emption can be exercised by one of two partners who sold his share to a third person provided that the intention to sell was there. It cannot be acquired as a result of becoming a partner by virtue of buying the share of one of the partners or owning it as a result of settling a debt. Furthermore, pre-emption cannot be activated unless one of the two parties sells his share. That is, in property owned jointly by two people only.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Right of Pre-emption