(14) باب فِي الْهِبَةِ وَالشُّفْعَةِ
Narrated 'Amr bin Ash-Sharid:
Al-Miswar bin Makhrama came and put his hand on my shoulder and I accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you orderthis (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I will not offer more than four hundred in installments over a fixed period." Abu Rafi said, "I was offered five hundred cash but I refused. Had I not heard the Prophet (ﷺ) saying, 'A neighbor is more entitled to receive the care of his neighbor,' I would not have sold it to you." The narrator said, to Sufyan: Ma'mar did not say so. Sufyan said, "But he did say so to me." Some people said, "If someone wants to sell a house and deprived somebody of the right of preemption, he has the right to play a trick to render the preemption invalid. And that is by giving the house to the buyer as a present andmarking its boundaries and giving it to him. The buyer then gives the seller one-thousand Dirham as compensation in which case the preemptorloses his right of preemption." (DE)
Reference (DE): Sahih al-Bukhari 6977 (DE)
In-book reference (DE): Book 90, Hadith 24 (DE)
USC-MSA web (English) reference(deprecated numbering scheme): Vol. 9, Book 86, Hadith 107 (DE)