Muwatta 2099

Malik said, and said of a man who buys land and it remains in his hands for some time, and then a man comes and establishes a right in it by inheritance: the claimant has pre-emption if his right is proved. The produce the land yields belongs to the first buyer until the other's right is established, because he was its guarantor if any planting on it were lost or a flood carried it away. If much time passes, or witnesses die, or the seller or buyer dies, and the origin of the sale and purchase is forgotten through the length of time, pre-emption is cut off. ¹

Belongs to the Muwatta, Book of Pre-emption (shufa). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on pre-emption (shufa).