Right of Pre-emption: Ruling on Right of Pre-emption and Transfer of Share in Joint or Endowed Property

Practical Laws of Islam as per the teachings of Imam Khamenei

Right of Pre-emption: Ruling on Right of Pre-emption and Transfer of Share in Joint or Endowed Property

English:

Question #1620:

When two persons share in an endowed property and one of them sells his share — in a case he is allowed to do that, does the other enjoy the right of pre-emption? If two people rent some property — whether or not it is an endowment, then one of them transfers his right to the other through either a rent or ṣulḥ contract, does the other have the right of pre-emption? To give an example, one of the partners sold his share to a third party where it is shar‘ī to do so. And is it permissible where renting is involved? To give an example, two people jointly rented some property or an endowment. Is it permissible for either party to transfer their share by way of sub-letting the property to a third party?

Answer #1620:

Pre-emption is confined to the partnership in things themselves [not in using something as in the rent] if it is shar‘ī for one of the two partners to sell his share to a third party. Therefore, there is no right of pre-emption in an endowed property in which two people share even on the assumption that one of the two parties is allowed to sell his share to a third party. Nor is there such right in situations where some property was rented out to two people and one of tenants transfers his share to a third party.

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