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English translation
1312. Jābir bin ‘Abdullāh narrated that Allāh’s Prophet ﷺ said: “Whoever has a partner in an orchard, then he is not to sell his share of that until he proposes that to his partner.” (Sahih)
[Abū ‘Eisā said:] The chain of this Hadīth is not connected. I heard Muḥammad bin Ismā‘īl saying: It is said that “Sulaimān Al-Yashkurī: died during the lifetime of Jābir bin ‘Abdullāh.” He said: “And Qatādah did not hear from him, nor did Abū Bishr.” Muḥammad said: “We do not know of any of them hearing from Sulaimān Al-Yashkurī, except that ‘Amr bin Dīnār possibly heard from him during the lifetime of Jābir bin ‘Abdullāh.” He said: “Qatādah only narrated from a writing of Sulaimān Al-Yashkurī, and he had a book from Jābir bin ‘Abdullāh.”
Abū Bakr Al-‘Aṭṭār ‘Abdul-Quddūs narrated to us, he said: “Alī bin Al-Madīnī said: ‘Yāhya bin Sa‘eed said: “Sulaimān At-Taymī said: ‘They went with the book of Jābir bin ‘Abdullāh to Al-Ḥasan Al-Baṣrī and he took it’ – or
he said – ‘and they reported it. Then they took it to Qatādah and reported it, so they gave it to me but I did not report it [he said: ‘I refused it’]. This was narrated to us by Abū Bakr Al-‘Aṭṭār from ‘Alī bin Al-Madīnī.
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Commentary
It is proven by this narration that a share holder in a property cannot sell his share until he consults his co-share holder regarding this issue. If the share is sold out without the consent of co-shareholder, he keeps the right of preemption.
