Right of Pre-emption: Ruling on Waiving Pre-emption Right Before Sale to a Third Party

Practical Laws of Islam as per the teachings of Imam Khamenei

Right of Pre-emption: Ruling on Waiving Pre-emption Right Before Sale to a Third Party

English:

Question #1622:

Is dropping pre-emption right before one of the partners sells his share to a third party, perceived as unlawful?

Answer #1622:

Forgoing pre-emption is not valid unless it actually takes place, i.e. by the partner selling his share to a third party. However, there is no objection to the partner’s giving an undertaking in an Islamically binding contract that he is not going to resort to pre-emption when his partner sells his share.

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