چکیده:
Shofeh in jurisprudence and article 808 means the right of each of the copartner in obtaining the partnership in case of exchange of exchange with his copartner for the payment of the price. Shofeh is current in immovable property that cannot be divided, and there is a difference between jurists in movable and immovable property that cannot be divided. This research has been done in a descriptive-analytical way and seeks to answer questions such as: "What is the jurisprudential basis of the right of Shofeh in cases of movable and immovable property that cannot be divided?" and so on. Regarding the background of the research, it should be said that several research studies include: the conditions for obtaining intercession in the subject law of Iran and Imami jurisprudence from Fakhreddin Asghari, the principles Shofeh on jurisprudence in movable property from the perspective of Islamic religions from Morteza Rahimi, omparative study Shofeh in Sunni jurisprudence And the rights of Iran have been exercised by Sadegh Soltanpour, etc. But the difference between the present study and the mentioned cases in proving the right of shofeh in over transferable property and Non-transferable property Indivisible based on jurisprudential reasons, while that research, looking for proving the lack of right of shofeh in over transferable property and Non-transferable property Indivisible. The result is that obtaining Shofeh in movable and immovable, property that is indivisible in the four reasons of jurisprudence (books, traditions, consensus and reason) is fixed
خلاصه ماشینی:
The issue of the present research is the investigation and proof of the existence of the right of Shuf'ah in indivisible movable and immovable property based on the sources of derivation in Shia jurisprudence and a comparative study of the opinions of Sunni jurists in this regard.
Uqbah ibn Khalid narrated from Imam Sadiq (AS) that he said: "The Messenger of Allah (PBUH) ruled regarding Shuf'ah in lands and buildings among partners and said: neither causing loss nor being caused loss" (Sheikh Saduq, 1367 SH, Vol. 4, p.
Talhah ibn Zayd narrated from Imam Sadiq (AS) from his father (AS): "The Messenger of Allah (PBUH) ruled for Shuf'ah before the division of the property" (Sheikh Saduq, 1367 SH, Vol. 4, p.
Hasan ibn Mahbub narrated from Ali ibn Riab from Imam Sadiq (AS) that I asked: "A man traded houses with a slave and some goods, fabric, clothing, and jewels; he said: No one has the right of Shuf'ah in these" (Sheikh Saduq, 1367 SH, Vol. 4, p.
Some jurists, such as Sheikh Mufid, Sayyid Murtada, Ibn Idris, Ibn Zuhra, Ibn Junayd, Ibn Qudamah al-Maqdisi, Ibn Murtada, Hilli, Halabi, Bahrani, Fayd Kashani, Bayhaqi Kaydari, Sarakhsi, Mu'min Sabzawari, and Marvarid, have said: When the conditions for the entitlement to Shuf'ah are met, it is the right that Shuf'ah should apply to all properties, whether those properties are fixed, such as a garden, or non-fixed, such as an animal, and whether those properties are divisible or indivisible; in fact, they consider the right of Shuf'ah to apply to the entire sold item (Sheikh Mufid, 1410 AH, vol.
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