Saturday, March 3, 2012

Sunan Ibn Majah Book #18 - The Book on Preemption




The Chapters on Preemption from Sunan Ibn Majah


2492 It was narrated that Jabir said: “The Messenger of Allah (saw) said: ‘Whoever has a date-palm tree or land, should not sell it until he has offered it to his partner.’” (Sahih)

2493 It was narrated from Ibn ‘Abbas that the Prophet (saw) said: “Whoever has land and wants to sell it, let him offer it to his neighbor.” (Sahih)

2494 It was narrated from Jabir that the Messenger of Allah (saw) said: “The neighbor has more right to preemption of his neighbor, so let him wait for him even if he is absent, if they share a path.” (Da’if)

2495 It was narrated from Abu Rafi’ that the Prophet (saw) said: “The neighbor has more right to property that is near.” (Sahih)

2496 It was narrated that Sharid bin Suwaid said: “I said: ‘O Messenger of Allah, (what do you think of) land owned by only one person but this land has neighbors?’ He said: ‘The neighbor has more right to property that is near.’” (Sahih)

2497 It was narrated from Abu Hurairah that the Messenger of Allah (saw) ruled concerning preemption of land that has not been divided; if the boundaries have been set then there is no preemption. (Sahih)
Another chain with similar wording.
Abu ‘Asim said: (The chain of) Sa’eed bin Musayyab is Mursal (i.e., having a break after the successor Sa’eed). (The chain of) Abu Salamah from Abu Hurairah is Muttasil (i.e., unbroken and connected).

2498 It was narrated from Abu Rafi’ that the Messenger of Allah (saw) said: “The partner has more right to what is near him, so long as he is still a partner.” (Sahih)

2499 It was narrated from Jabir bin ‘Abdullah that the Messenger of Allah (saw) ruled that preemption takes effect in all cases where land has not been divided. But if the boundaries have been set and the roads laid out, then there is no preemption.” (Sahih)

2500 It was narrated from Ibn ‘Umar that the Messenger of Allah (saw) said: “Preemption is like undoing the ‘Iqal.” (Da’if)

2501 It was narrated from Ibn ‘Umar that the Messenger of Allah (saw) said: “Thre is no preemption for a partner when his co-partner has beaten him to it (in another deal before), nor for a minor nor one who is absent.” (Da’if)

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