44/109. Chapter:
Sunan an-Nasai 4704 — When Pre-Emption Applies
Pre-Emption And Its Rulings
Shuf'ah in Islam: Pre-Emption Before Land Division
Sunan an-Nasai : 4704
Sunan an-NasaiHadith Number 4704
أَخْبَرَنَا هِلاَلُ بْنُ بِشْرٍ، قَالَ حَدَّثَنَا صَفْوَانُ بْنُ عِيسَى، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، عَنْ أَبِي سَلَمَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الشُّفْعَةُ فِي كُلِّ مَالٍ لَمْ يُقْسَمْ فَإِذَا وَقَعَتِ الْحُدُودُ وَعُرِفَتِ الطُّرُقُ فَلاَ شُفْعَةَ " .
Abu Salama Narrated from:
The Messenger of Allah said: "Pre-emption takes effect in all cases where land has not been divided. But if the boundaries have been sent, and the roads lay out, then there is no pre-emption."
Reference : Sunan an-Nasa'i 4704In-book reference : Book 44, Hadith 256English translation : Vol. 5, Book 44, Hadith 4708
Summary of Sunan an-Nasai Hadith 4704
This hadith about shuf'ah in Islam gives a clear limit. The Messenger of Allah said that pre-emption takes effect in cases where land has not been divided. Then the hadith adds that when the boundaries have been set and the roads have been laid out, there is no pre-emption. The message is direct: shared or unclear land has one ruling, while clearly separated land with known roads has another. This is useful for people searching for pre-emption in Islam or hadith about divided land. The narration teaches that rights in property depend on the state of the land described in the text. It avoids confusion by tying the rule to division, boundaries, and roads.
What we learn from this hadith
- Pre-emption applies where land has not been divided.
- Once boundaries and roads are clear, the hadith says there is no pre-emption.
- Property rights should be judged according to the actual state of the land.
