Al-Miswar bin Makhrama came and put his hand on my shoulder and I
accompanied him to Sa'd. Abu Rafi' said to Al-Miswar, "Won't you order
this (i.e. Sa'd) to buy my house which is in my yard?" Sa'd said, "I
will not offer more than four hundred in installments over a fixed
period." Abu Rafi said, "I was offered five hundred cash but I
refused. Had I not heard the Prophet (ﷺ) saying, 'A neighbor is more
entitled to receive the care of his neighbor,' I would not have sold
it to you." The narrator said, to Sufyan: Ma'mar did not say so.
Sufyan said, "But he did say so to me." Some people said, "If someone
wants to sell a house and deprived somebody of the right of
preemption, he has the right to play a trick to render the preemption
invalid. And that is by giving the house to the buyer as a present and
marking its boundaries and giving it to him. The buyer then gives the
seller one-thousand Dirham as compensation in which case the preemptor
loses his right of preemption."
Narrated by Narrated 'Amr bin Ash-Sharid:
Context
This hadith illustrates the principle of preemption in property transactions, emphasizing the rights of neighbors. The Prophet Muhammad (ﷺ) reinforces that a neighbor has a rightful claim to a property before it is sold to someone else. The narrator recounts a situation where a neighbor was offered a house, but despite a higher cash offer, the seller chose to honor the neighborly bond. This highlights the importance of community and consideration in business dealings.
Modern Application
In modern real estate, this principle can be seen in how neighbors often have first rights to purchase properties that come up for sale. Respecting these rights fosters good relationships and a sense of community, reminding us to prioritize our neighbors' interests.
Topics
This hadith is tagged with Buying and Selling because it addresses the ethical considerations involved in property transactions and the rights of neighbors.
And he who does not find [a slave] - then a fast for two months consecutively before they touch one another; and he who is unable - then the feeding of sixty poor persons. That is for you to believe [completely] in Allah and His Messenger; and those are the limits [set by] Allah. And for the disbelievers is a painful punishment.
So they set out, until when they came to the people of a town, they asked its people for food, but they refused to offer them hospitality. And they found therein a wall about to collapse, so al-Khidh r restored it. [Moses] said, "If you wished, you could have taken for it a payment."
But when they saw a transaction or a diversion, [O Muhammad], they rushed to it and left you standing. Say, "What is with Allah is better than diversion and than a transaction, and Allah is the best of providers."
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two just men from among you or two others from outside if you are traveling through the land and the disaster of death should strike you. Detain them after the prayer and let them both swear by Allah if you doubt [their testimony, saying], "We will not exchange our oath for a price, even if he should be a near relative, and we will not withhold the testimony of Allah. Indeed, we would then be of the sinful."