Sayyiduna Jabir (may Allah be pleased with him) narrates that the Prophet Muhammad (peace and blessings be upon him) said: "There is pre-emption in every land and garden. It is not permissible to sell it until a person offers it to his partner regarding this. If he wishes, he may take it, and if he wishes, he may leave it."

Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) narrates that the Prophet Muhammad (peace and blessings be upon him) said: "If a person has a partner in a piece of land or a date-palm orchard, he does not have the right to sell his share until he informs his partner. If the partner is pleased, he may acquire it, and if he does not wish to, he may leave it."

Sayyiduna Abu Rafi’ (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings of Allah be upon him):“The neighbor has more right regarding his neighborhood.”

Amr bin Shuraid narrates: I was present with Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him) and Sayyiduna Miswar bin Makhramah. In the meantime, the servant of the Prophet (peace and blessings be upon him), Sayyiduna Abu Rafi’, came. He said to Sayyiduna Sa’d bin Malik (may Allah be pleased with him):“Buy from me my two houses which are in your neighborhood.”So Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him) said:“No, I will only buy them on the condition that their price will be four thousand (dirhams) and that too will be paid in installments.”(Here, the narrator is unsure about one word.) So Sayyiduna Abu Rafi’ said:“By Allah, if I had not heard the Prophet (peace and blessings be upon him) say this: ‘The neighbor has more right to his neighbor’s property,’ I would not have sold those houses to you, because I was getting five hundred dinars for them.”

Sayyiduna Anas (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "The neighbor of the house has more right to the house."

Amr bin Shuraid narrates: I was standing with Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him). In the meantime, Sayyiduna Miswar bin Makhramah (may Allah be pleased with him) arrived. He placed his hand on my shoulder. At that moment, the servant of the Prophet (peace be upon him), Sayyiduna Abu Rafi’ (may Allah be pleased with him), came. He said: O Sayyiduna Sa’d (may Allah be pleased with him), please buy my house which is in your neighborhood. Sayyiduna Sa’d (may Allah be pleased with him) said: No, by Allah, I will not buy these two houses. Sayyiduna Miswar (may Allah be pleased with him) said: By Allah, you will buy both of them. Sayyiduna Sa’d (may Allah be pleased with him) said: By Allah, I will not pay more than four thousand (dirhams), and that too in installments. So Sayyiduna Abu Rafi’ said: By Allah, I am being offered five hundred dinars for it. If I had not heard the Prophet (peace be upon him) say:“A man has more right to his neighbor’s property,”I would not have given you these two houses for four thousand dirhams while I am being offered five hundred dinars for them.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates: The Prophet (peace and blessings of Allah be upon him) granted the right of pre-emption (shuf‘ah) in every land that has not been divided, but when boundaries have been established and the paths have become separate, then there is no (right of) pre-emption.

Sayyiduna Abu Hurairah, may Allah be pleased with him, narrates that the Prophet Muhammad, peace and blessings be upon him, said: "Preemption (shuf‘ah) applies to that property which has not been divided; when the boundaries have been established and the paths have been separated, then there is no preemption."
(Imam Ibn Hibban, may Allah have mercy on him, says:) Four individuals have narrated this report from Imam Malik as a marfu‘ (attributed to the Prophet) hadith: Majshun, Abu ‘Asim, Yahya bin Abu Qatila, and Al-Shahb bin Abdul Aziz. However, all other students of Imam Malik have narrated this report from him as a mursal (with a missing link) hadith. It was Imam Malik’s practice that sometimes he would narrate a report as a marfu‘ hadith, sometimes as a mawquf (stopped at a companion), sometimes as a mursal, and sometimes as a musnad (with a complete chain). This would be according to his discretion. So, if he narrated a report as a marfu‘ musnad hadith, and the narrator transmitting from him is trustworthy, a hafiz, and precise, then its status will be as we have explained at the beginning of the book.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates: The Prophet Muhammad (peace and blessings be upon him) gave the verdict regarding pre-emption (shuf‘ah) that it applies to everything which has not been divided, but when boundaries have been set and the paths have become separate, then there is no pre-emption.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) narrates: The Prophet Muhammad (peace and blessings be upon him) gave the verdict regarding pre-emption (shuf‘ah) that it is applicable in every land that has not been divided, but when boundaries have been established and the paths have become separate, then there is no pre-emption.