Hadithcore
Sahih al-Bukhari, 2213
sahih

Narrated Jabir:

Allah's Messenger (ﷺ) gave preemption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.

حَدَّثَنِي مَحْمُودٌ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ، عَنْ جَابِرٍ ـ رضى الله عنه ـ جَعَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم الشُّفْعَةَ فِي كُلِّ مَالٍ لَمْ يُقْسَمْ، فَإِذَا وَقَعَتِ الْحُدُودُ وَصُرِّفَتِ الطُّرُقُ فَلاَ شُفْعَةَ‏.‏

References2 variants
In-Book Reference
Book 34, Hadith 159
USC-MSA web (English) reference
Vol. 3, Book 34, Hadith 415 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Islamic Laws of Islam fosters whatever preserves people’s interests and perpetuates their mutual amiability, especially partners. Therefore, the Laws of Islam grants the right of Shuf‘ah or pre-emption to a partner and co-owner of a joint property, if the other partner or co-owner wishes to sell his share, according to specific rules and conditions. In this hadeeth, Jaabir ibn ‘Abdullah underlined that the Prophet ﷺ affirmed the right of Shuf‘ah or pre-emption in any jointly owned property that is dividable, such as: real estate, land, and the like, but was not divided. The term Shuf‘ah refers to the right of purchasing before others the share of one’s partner and co-owner. If a co-owner is selling his share in a jointly owned house or land for example, the other co-owner has more right to buy this share for the same price. The right of pre-emption is established for any property, be it real estate or land, which is not divided up, but each share is well-defined. If the shares are well-defined and each co-owner knows his share, and ‘the boundaries of the joint property were demarcated or the ways and streets were fixed,’ the right of pre-emption is not established for any of them, and each is entitled to sell his share to whomever he wishes. .
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