Azami 5509

Abu Dawud (3517), Tirmidhi (1368), Ibn Jarud (644), and Ahmad (20088) all narrated it through the route of Qatada, from Hasan, from Samura bin Jundab, as mentioned. Tirmidhi said, "hasan sahih." As for what Saeed narrated, from Qatada, from Anas, this is a mistake, as Tirmidhi indicated, and Ibn Hibban (5182) narrated it through that same route.His saying, "saqab," means nearness. It is said with both letters, sin and sad. Shafii said, "His saying, 'The neighbor has more right due to his proximity' cannot bear more than two meanings, there being no third, either he meant that the right of preemption belongs to every neighbor, or he meant some neighbors and not others. It has been established from the Messenger of Allah ﷺ that there is no right of preemption in property that has already been divided, which shows that the right of preemption belongs to the neighbor whose shared property has not been divided, not to the neighbor whose share has already been divided."This is what the majority of scholars held, that the right of preemption does not belong to every neighbor, but rather to the neighbor whose shared property has not been divided, and that the two hadiths point to the same purpose, removing harm from the nearby neighbor, bringing the hadiths into harmony with one another.This was the view held among the companions by Umar bin Khattab and Uthman. This was also the view of the people of Madinah, among them Yahya bin Saeed Ansari, Rabia bin Abu Abdul-Rahman, and Malik. This was also the view of Shafii, Ahmad, and Ishaq. These scholars hold that the right of preemption belongs only to a partner in shared property, and they do not consider the neighbor to have a right of preemption unless he is such a partner. Mere neighborliness alone does not establish the right of preemption in their view, so the general wording of the hadith is understood in this restricted sense, as held by the people of Madinah, Shafii, and others. The scholars of hadith recorded this hadith in their books in accordance with this interpretation.Or it may be that the purpose of the general hadith is to encourage kindness and good treatment toward neighbors, rather than to establish the right of preemption, for otherwise it would obstruct people's interests in buying and selling.Thawri, Ibn Mubarak, and the people of Kufa held to the apparent meaning of the hadith, and said that the right of preemption is established for the neighbor, citing his sayings, "The neighbor of the house has more right to the house," and "The neighbor has more right due to his proximity."