Right of intercession
What is the right of intercession and under what conditions is it proven?
“Shafea” from the word “Shafa” means a couple and connecting something to something like itself.
In jurisprudence, it means that two people are joint partners in a property, if one of them sells his share to someone other than his partner, the other partner has the right to give the same amount to the buyer and take that share from him. This is called the right of intercession and the owner of the right is called an intercessor;
That is, if two people are partners in immovable property such as a house and a garden, and one of them sells his share to the other without the knowledge of his partner, the other partner (with the combination of conditions that we will say) can pay the same price to the buyer and that take the share from the customer and add it to his share, even if the customer is not satisfied.
Among the conditions of the right of intercession are:
1. That transaction is as “sale” and sale; if that partner has given his share as “peace” or “gift” or as “dower” or “awad khola”, the other partner does not have the right to intercede.
2. Only two people share the property; if there are three or more people, there is no right of intercession for any of them.
3. The property is “shared”, so there is no right of intercession in the property that is divided.
4. Shafi’i should be able to pay the price.
5. The intercessor must be a Muslim; if the customer is a Muslim and the intercessor is a non-believer, the right of intercession is not established for the non-believer.
6. The property must be personal. In waqf property, the right of intercession is not established.
7⃣ After learning about the sale of the partner’s share and its price, the intercessor should immediately announce that he took the share of my partner from a customer using the right of intercession, or he should actually pay the price and take the property; if he delays, his right of intercession will be lost.
Also, if a partner offers his share to his partner and he refuses to buy and agrees to sell to someone else, his right of intercession will be lost.
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This post is written by erfanifar48