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Text and translation
English translation
1369. Jābir narrated that the Messenger of Allāh ﷺ said: "The neighbor has more right to his preemption. He is to be waited for even if he is absent, when their paths are the same." (Hasan)
[Abū 'Eisā said:] This Hadīth is Hasan Gharīb. We do not know of anyone reporting this Hadīth other than 'Abdul-Mālik bin Abī Sulaimān from 'Aṭā', from Jābir. [Shu'bah criticized 'Abdul-Mālik bin Abī Sulaimān due to this Hadīth.]
'Abdul-Mālik is trustworthy and honest according to the people of Hadīth. We do not know of anyone who criticized him except Shu'bah because of this Hadīth. Waki' reported this Hadīth from Shu'bah from 'Abdul-Mālik [bin Abī Sulaimān]. And it has been reported from Ibn Al-Mubārak, from Sufyān Ath-Thawrī who said: "Abdul-Mālik bin Abī Sulaimān is a 'scale.'" Meaning for knowledge.
This Hadīth is acted upon according to the people of knowledge. The person has more right to preemption even if he is absent, so when he arrives then the pre-emption is his even if he has gone for a long time.
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Commentary
Though 'Abdul-Mālik bin Abī Sulaimān is a reliable and secure narrator, but
The Hadīth of Samurah is a Hasan Sahīh Hadīth. 'Eisā bin Yūnus reported similarly from Sa'eed bin Abī 'Arūbah, from Qatādah, from Anas, from the Prophet ﷺ.
It has also been reported from Sa'eed bin Abī 'Arūbah from Qatādah, from Al-Hasan, from Samurah, from the Prophet ﷺ. What is correct according to the people of knowledge is the narration of Al-Hasan from Samurah, and we do not know the report of Qatādah from Anas, except as a narration of 'Eisā bin Yūnus. The Hadīth of 'Abdullāh bin 'Abdur-Rahmān At-Tā'ifī from 'Amr bin Ash-Sharīd, from his father, from the Prophet ﷺ – on this topic – is a Hasan Hadīth. Ibrāhīm bin Maisarah reported it from 'Amr bin Ash-Sharīd, from Abū Rāfī, from the Prophet ﷺ.
He said: I heard Muḥammad saying: "Both of the Aḥādīth are Sahīh to me."
In this narration, it has been made clear, that if a shareholder in a property sells his share without consulting or informing the co-shareholder, then the co-shareholder can buy back the share of property for the same price which it was sold. This is agreed upon; the neighbor loses the right of preemption in the presence of a co-shareholder of the property.
The subject of this narration proves that if someone wants to give something to his children in his life time, he will have to give an equal share to every one of them without any consideration of gender or standards of legacy distribution. Another narration made this point clear. The Prophet ﷺ said in an authentic narration, "Treat your children equally. If I want to give extra to one of them, I will give to a female." (Baihaqi)
