Yahya said that Malik related from Muhammad ibn Umara from AbuBakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixedin land, there is no pre-emption in it. There is no pre-emption in awell or in male palm trees. "Malik said, "This is what isdone in our community."Malik said, "There is no pre-emptionin a road, whether or not it is practical to divide it."Malik said, "What is done in our community is that there is no pre-emption in the courtyard of a house, whether or not it is practical todivide it."Malik spoke about a man who bought into a sharedproperty provided that he had the option of withdrawal and thepartners of the seller wanted to take what their partner was sellingby pre-emption before the buyer had exercised his option. Malik said,"They cannot do that until the buyer has taken possession and the saleis confirmed for him. When the sale is confirmed, they have the rightof pre-emption."Malik spoke about a man who bought land andit remained in his hands for some time. Then a man came and saw thathe had a share of the land by inheritance. Malik said, "If the man'sright of inheritance is established, he also has a right ofpreemption. If the land has produced a crop, the crop belongs to thebuyer until the day when the right of the other is established,because he has tended what was planted against being destroyed orbeing carried away by a flood."Malik continued, "If the timehas been long, or the witnesses are dead or the seller has died, orthe buyer has died, or they are both alive and the basis of the saleand purchase has been forgotten because of the length of time, pre-emption is discontinued. A man only takes his right by inheritancewhich has been established for him. If his situation differs fromthis, because the sale transaction is recent and he sees that theseller has concealed the price in order to sever his right of pre-emption, the value of the land is estimated, and he buys the land forthat price by his right of pre-emption. Then the buildings, plants, orstructures which are extra to the land are looked at, so he is in theposition of some one who bought the land for a known price, and thenafter that built on it and planted. The owner of pre-emption takespossession after that is included."Malik said, "Pre-emptionis applied to the property of the deceased as it is applied to theproperty of the living. If the family of the deceased fear to break upthe property of the deceased, then they share it and sell it, and theyhave no pre-emption in it."Malik said, "There is no pre-emption among us in a slave or a slave-girl or a camel, a cow, sheep,or any animal, nor in clothes or a well which does not have anyuncultivated land around it. Pre-emption is in what can be usefullydivided, and in land in which boundaries occur. As for what cannot beusefully divided, there is no pre-emption in it."Malik said,"Some one who buys land in which people who are present have a rightof pre-emption, refers them to the Sultan and either they claim theirright or the Sultan surrenders it to him. If he were to leave them,and not refer their situation to the Sultan and they knew about hispurchase, and then they left it until a long time had passed and thencame demanding their pre-emption, I do not think that they would haveit."
USC-MSA web (English) reference: Book 35, Hadith 4
Arabic reference: Book 35, Hadith 1401