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.