Right of Pre-emption: Ruling on Implied Relinquishment of Pre-emption Through Encouragement of Sale

Practical Laws of Islam as per the teachings of Imam Khamenei

Right of Pre-emption: Ruling on Implied Relinquishment of Pre-emption Through Encouragement of Sale

English:

Question #1621:

From Islamic texts one can deduce that pre-emption is a means for either party of a partnership to sell their share to a third party. Accordingly, could the encouragement, by one of the parties, of a potential buyer to buy the share of the other partner, making it known in the process that he is not going to exercise pre-emption if the third party bought the share of his partner, be considered a relinquishment of pre-emption?

Answer #1621:

The initiative taken by the partner to encourage the third party to buy the share of the other partner per se does not run counter to exercising pre-emption. Indeed, even his promise of not exercising it, by virtue of the transaction of sale between him [the third party] and his partner, does not necessarily take away pre-emption, after the transaction has gone through.

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