Seadet-i Ebediyye - Endless Bliss Second Fascicle

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 [1] 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.
One of them cannot build a room here without the other’s
permission. If ten rooms of a house belong to someone and one
room belongs to someone else, the roof or the garden is shared on
a fifty-fifty basis.” It is written in the same book: “Each of the two
floors of a building has a different owner. If the lower floor
collapses, its owner cannot be forced to repair it. The owner of the
upper floor can repair the lower floor if he wants to. The owner of
the lower floor will not be allowed to enter his house unless the
other, if he has repaired it with the court’s decision, is paid his
expense, or, if he has repaired it by himself, he is paid the value of
the built floor. The owner of the upper floor can build another
floor on his floor provided it will not harm the lower floor.
In its discourse on the disasters incurred by the hand, the book
[1] Please see the forty-fourth chapter of the fifth fascicle of Endless
Bliss.
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