Bukhari Collection :: Book Number 9
9.107
Narrated `Amr bin Ash-Sharid: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-thousand 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."