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Summary
Basis
The saying 'pre-emption belongs to him who leaps to claim it' is cited, and the purpose of the claim is to show that the claimant has not declined the pre-emption. 2
Time of the claim
The jurists differ on whether the claim must be immediate, or may be made before the end of the session in which the sale is learned, or whether the time is wider. The details are in the entry on pre-emption. 2
Witnessing the claim
The jurists differ on whether calling witnesses to the claim is a condition of its validity or only a proof if it is denied later. 3
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15185
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15186
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15187
Cite this page
islam.museum contributors. “Prompt claim (muwathaba) to pre-emption”. islam.museum, https://islam.museum/en/concept/muwathaba/. CC BY-SA 4.0. Last updated 2026-10-23.