SOCIAL JUSTICE, EQUALITY, HUMAN RIGHTS AND FREEDOM (III)

_{1321— The repairing of rivers, lakes and dams is to be done by the Bayt-ul mâl, that is, by the State. If the State’s money does not suffice, the deficit is to be collected from those who make use of the property.}

_{950— The right to buy the property sold to someone else for the selling price is called shuf’a (the right of pre-emption). The person who has this right is called a shefî’.}

_{1008— One of the following three people can be a shefî’. The first one is the co-owner of the property that is to be sold. The second one is the person who has the right to use the property that will be sold. The third one is the owner of the property which is next to the property that is to be sold. The owners of the flats within an apartment building are next-door neighbors. When a person sells a building which is his own property, a shefî’ who hears of this has to immediately make known that he is a shefî’, then tell the buyer and the seller of his right of shuf’a in the presence of two witnesses, and then go to court within a month. Having done so, the first shefî’ takes precedence to buy it. It cannot be sold to anybody else. If the first shefî’ is absent or unwilling to buy it, the second shefî’ buys it. If the second shefî’ is not present, either, it must be sold to the third shefî’. If he does not want to buy it, either, it remains under the possession of its first buyer.}

_{1017— There is no right of shuf’a on transportable property or on property that is on a land area which belongs to a waqf or to the State. }

_{It is written in the book entitled Fatâwâ-i Khayriyya: “A tworoomed house has an empty roof. Its owner sold one of the rooms and then died. The inheritors sold the other room to someone else. The roof is to be shared by the two persons on a fifty-fifty basis.}