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Example_of_Abu_Jamrahs_Prophetic_Sayings_Explanation, page : 10
"Prince of Prophetic Quotations."
As for the extraction of a legal ruling from a Prophetic quotation and reaping its
benefit, we return again to the example of Imam Malik who extracted three
rulings from the Prophet's statement, "When the obligation is triggered and the
ways have been directed, there is no first refusal."
1. First refusal is only between partners, not neighbors. (This is opposite to
other jurists who permit it for a neighbor. For example when a person
seeks to have the first right to buy his neighbor's house that is for sale).
2. That the first refusal does not exist except in something that can be
separated. Therefore the inseparable will not be subject to first refusal,
and the proof of this is in the Prophetic saying, "If the obligation is
triggered."
3. The first refusal is only in land and its like, and the proof for this is, " When
the ways are directed" because ways are only in land.
As for the extraction of a legal ruling from a Prophetic quotation and reaping its
benefit, we return again to the example of Imam Malik who extracted three
rulings from the Prophet's statement, "When the obligation is triggered and the
ways have been directed, there is no first refusal."
1. First refusal is only between partners, not neighbors. (This is opposite to
other jurists who permit it for a neighbor. For example when a person
seeks to have the first right to buy his neighbor's house that is for sale).
2. That the first refusal does not exist except in something that can be
separated. Therefore the inseparable will not be subject to first refusal,
and the proof of this is in the Prophetic saying, "If the obligation is
triggered."
3. The first refusal is only in land and its like, and the proof for this is, " When
the ways are directed" because ways are only in land.