Volume 9, Book 86, Number 107:
Narrated ‘Amr bin Ash-Sharid:
Volume 9 – 1552 / 1700
SAHIH BUKHARI VOLUME 9 > BOOK 86: TRICKS
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 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-thou –
sand Dirham as compensation in which case the preemptor loses his right of preemption.”
Narrated ‘Amr bin Ash-Sharid: Abu Rafi’ said that Sa’d offered him four hundred Mithqal of gold
for a house. Abu Rafi ‘ said, “If I had not heard Allah’s Apostle saying, ‘A neighbor has more right to
be taken care of by his neighbor,’ then I would not have given it to you.” Some people said, “If one has
bought a portion of a house and wants to cancel the right of preemption, he may give it as a present
to his little son and he will not be obliged to take an oath.”