Shuf'a

Allah's Messenger (ﷺ) gave a verdict regarding Shuf'a in every undivided joint thing (property). But if the limits are defined (or demarcated) or the ways and streets are fixed, then there is no pre-emption.

حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا عَبْدُ الْوَاحِدِ، حَدَّثَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ـ رضى الله عنهما ـ قَالَ قَضَى رَسُولُ اللَّهِ صلى الله عليه وسلم بِالشُّفْعَةِ فِي كُلِّ مَا لَمْ يُقْسَمْ، فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلاَ شُفْعَةَ‏.‏

While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet (ﷺ) came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet (ﷺ) saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.

‏ الْجَارُ أَحَقُّ بِسَقَبِهِ ‏"

I said, "O Allah's Messenger (ﷺ)! I have two neighbors and would like to know to which of them I should give presents." He replied, "To the one whose door is nearer to you."

‏ إِلَى أَقْرَبِهِمَا مِنْكِ بَابًا ‏"