چکیده:
There are two definitions for Movable and Immovable properties. One of these definitions is used in civil law. Movable and Immovable properties have several judicial decrees in the jurisprudence; one of which has been appeared as Preemption. The famous idea between shia and sunna scholars is "existence of Preemption in Immovable properties and its loss in Movable properties" which is also accepted by the civil law. In contrary of this famous idea, the existence of Preemption in Movable properties is justifiable because the reasons of famous idea have ability of discussion. Also the main reasons such as generality and predication of traditions and the necessity of Elimination of loss and hardship in Movable properties by the Preemption, is promoted the justification of the existence of Preemption in Movable properties. The method of this essay is Descriptive – Analytical with emphasize on Ejtehad methodology.
خلاصه ماشینی:
Establishing Preemption in Every Sale Sayyid Murtada refers to it as “what the Imami school is unique in,” and does not differentiate between divisible and indivisible properties (Ilm al-Hadi, 1415: 448), Ibn Junayd (Hilli, 1413 AH, vol.
2: 385) and Ibn Hamza (Ibn Hamza, 1408: 258) have said: Yes, in movable property due to avoiding the difficulty of division and the narration of Yunus from Imam Sadiq (AS), preemption is established” (Najafi, n.
The aforementioned view indicates in a way that merely being movable and also not being divisible of a property is not a reason for the invalidity of preemption in it; because there is no doubt about the movability of a slave (Najafi, without date, 37: 250) and on the other hand, according to the explicit statement of Allama Hilli, a slave is indivisible (Allama Hilli, 1413, vol.
Among the narrations referred to by the author of Jawahir, the sahiha of Abdullah ibn Sinan, in which he asked Imam Sadiq (AS): “Is the slave among Partners and one of them sells his share, one of them said: 'I am more entitled to it, does he have that right?' The Imam replied: “Yes, if there is only one partner” (Kulayni, 1429, vol.
On the other hand, considering the generalities and absolutes that speak of the possibility of implementing preemption in every sale, and in which examples of movable properties are mentioned, including the words of Imam Sadiq (AS) who said: “Preemption is permissible in everything from animals or land or goods…” (Tusi, 1390, vol.
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