English translation
1371. Ibn 'Abbās narrated that the Messenger of Allāh ﷺ said: "The partner is the preemptor, and preemption is in everything." (Hasan) [Abū 'Eisā said:] We do not know of a Hadīth like this, except from the narration of Abū Ḥamzah As-Sukkarī. More than one narrator reported it from 'Abdul-'Azīz bin Rufai' from Ibn Abī Mulaikah, from the Prophet ﷺ in Mursal form, and this is more correct. (Another chain) from Ibn Abī Mulaikah from the Prophet ﷺ with a similar meaning, but "from Ibn 'Abbās" is not in it. Similar to this was reported by more than one narrator from 'Abdul-'Azīz bin Rufai', "from Ibn 'Abbās" is not in it and this is more correct than the narration of Abū Ḥamzah. Abū Ḥamzah is trustworthy, it is this narration from him is deemed to be not preserved and of a lower rank. The neighbor who is not a co-shareholder or does not share the way to the property, according to Islamic Law, has no right of preemption. If someone wants to sell his property, morally he is bound to consult his neighbour, and he should be given priority.
