Prompt claim (muwathaba) to pre-emption

المُوَاثَبَة (في الشفعة)

Muwathaba in the lexicon is leaping or hastening; in pre-emption it is the claim made at once and without delay. It is based on the saying: 'pre-emption belongs to him who leaps to claim it'. The jurists differ on whether the claim must be immediate or may extend, and on whether witnessing the claim is a condition of its validity or only a proof if the claim is denied.

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Summary

Muwathaba is the leap to claim: in pre-emption, the claim made at once. 1 2

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

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15185
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15186
  3. 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.

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