Jami' at-Tirmidhi — Hadith #27528

Abdul bin Humaid told us, Abdul Razzaq told us, Muammar told us, on the authority of Al-Zuhri, on the authority of Abu Salamah bin Abdul Rahman, on the authority of Jabir bin Abdullah, the Messenger of God, may God bless him and grant him peace, said, “When the borders are established and the roads are cleared, then there is no pre-emption.” Abu Issa said this. A good and authentic hadith. Some of them narrated it on the authority of Abu Salamah, on the authority of the Prophet, may God bless him and grant him peace. This is acted upon according to some people of knowledge. Among the companions of the Prophet, may God bless him and grant him peace, were Omar ibn al-Khattab and Uthman ibn Affan, and some of the Tabi’een jurists say about him, such as Omar bin Abdul Aziz and others, and this is what the people of Medina say, including Yahya bin Saeed Al-Ansari and Rabia bin Abi Abdul Rahman And Malik ibn Anas also said that Al-Shafi’i, Ahmad, and Ishaq do not see pre-emption except for the mixed party, and they do not see the neighbor as having pre-emption if there is no Mixed. Some of the people of knowledge among the Companions of the Prophet, may God bless him and grant him peace, and others said that pre-emption is for the neighbor. They used as evidence the hadith narrated from the Prophet, may God bless him and grant him peace. He said, “The neighbor of the house has more right to the house.” And he said, “The neighbor has more right to his property.” This is the saying of Al-Thawri. Ibn Al-Mubarak and the people of Kufa.