Imam Malik, may Allah have mercy on him, said that if a person sells his share from a jointly owned house or land, and when the seller comes to know that the pre-emptor (shafi’) will take his right of pre-emption, he cancels the sale, then in this case the right of pre-emption of the shafi’ will not be nullified. Rather, by giving the same amount for which that share was sold, he will take that share.

Imam Malik, may Allah have mercy on him, said that if a person buys a share of a jointly owned house or land, and an animal, and some goods, all in a single contract, then if the pre-emptor (shafi’) demands his share or pre-emption in that land or house, and the buyer says:“Take all the things I have bought, because I have bought them all in one contract,”then the pre-emptor will take his pre-emption in the land or house in such a way that the price of each item will be assessed separately, and then the total price will be divided proportionally according to each item's value. The portion of the price that corresponds to the value of the land or house will be given to the buyer, and the pre-emptor will take that share of the land or house. It is not necessary for him to also take the animal and the goods, but if he wishes to take them willingly, there is no objection.

Imam Malik, may Allah have mercy on him, said that if a person buys a share from jointly owned land, and all the pre-emptors except one have relinquished their claim of pre-emption, but one pre-emptor demands pre-emption, then that pre-emptor should take the entire share from the buyer; it is not permissible that he takes only according to his own share from it.

Imam Malik, may Allah have mercy on him, said that if several people are partners in a house, and one of them sells his share in the absence of all the partners except one, then the partner who is present should be asked: Do you wish to take pre-emption (shuf‘a) or not? If he says: At the moment, I will take according to my share, and when my other partners come, they will buy their shares, then good; otherwise, I will take the whole pre-emption. This is not permissible. Rather, the partner who is present should be told clearly: Either take the whole pre-emption or leave it. If he takes it, then good; otherwise, his right of pre-emption will be forfeited.

Malik said: In the case of a group of partners in one house, and one of them sells his share while all his partners are absent except for one man, and it is offered to the present one to take by pre-emption or to leave it, and he says: "I will take my share and leave the shares of my partners until they return; if they take, then so be it, and if they leave, I will take all the pre-emption." Malik said: He has only to take all of it or leave it; if his partners come, they may take from him or leave it if they wish. If this is offered to him and he does not accept it, then I do not see that he has any pre-emption.