Article 663 of the Saudi Civil Transactions Law
المادة 663 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article provides that once preemption is established under Article 661, it does not lapse on the death of the seller, the buyer or the preemptor.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا ثبتت الشفعة وفقا للمادة (الحادية والستين بعد الستمائة) من هذا النظام؛ فلا تسقط بموت البائع أو المشتري أو الشفيع.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 663 explained in plain English
This article deals with the effect of death on the right of preemption. Once the right is established under Article 661, that is, by a completed sale with the reason giving rise to it existing, it does not lapse on the death of any of the three parties:
- The seller: his death does not end the preemptor's right.
- The buyer: his death does not prevent the preemptor from claiming his right.
- The preemptor: his death does not cancel the right that was established for him.
The important limit in the article is that it speaks of preemption that has already been established under Article 661. The protection it provides assumes that the sale has been completed and the reason giving rise to it existed, including what Article 662 requires, namely that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
The article does not give details of how the right is exercised after death or who exercises it; it is limited to providing that death is not a ground for preemption to lapse.
Because matters of death often overlap with estates and the rights of heirs, it is advisable to consult a lawyer who specializes in real estate matters or in personal status, depending on the nature of the case.
Practical example
Abdullah sold his share in a farm in Qassim, and his partner Nasser owned his share at the time of the sale, so the right of preemption was established for him. Then the buyer died before the matter was resolved. The buyer's death here does not cancel Nasser's right of preemption, and the same applies if the deceased were the seller or Nasser himself.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 663 of the Saudi Civil Transactions Law
Does preemption lapse on the death of the preemptor?
No. If preemption is established under Article 661, it does not lapse on the death of the preemptor.
If the buyer dies, does the right of preemption remain?
Yes. The article provides that established preemption does not lapse on the death of the buyer, or of the seller.
Is it enough for the real estate to be offered for sale for this article to apply?
No. The article speaks of preemption that has been established under Article 661, that is, by a completed sale with the reason giving rise to it existing.
Articles this article refers to
More articles on Preemption, Possession and Easements
- Article 26
The article divides the real right into principal rights, such as ownership, usufruct, use, habitation, easement and waqf, and accessory rights, such as mortgage and privilege, together with what the legal provisions so consider.
1- يكون الحقُّ العينيُّ أصليًّا أو تبعيًّا. 2- الحقوق العينية الأصلية هي حق الملكية، وحق الانتفاع، وحق الاستعمال، وحق السكنى، وحق الارتفاق، وحق الوقف، وما يعد ك
- Article 658
The article defines preemption (shuf'a) as the right of a co-owner to acquire the sold real estate for the price at which it was sold plus its expenses.
الشفعة حق الشريك في أن يتملّك العقار المبيع بالثمن الذي بيع به وبنفقاته.
- Article 659
The article provides that where more than one preemptor comes together, each one's entitlement to preemption is in proportion to his share.
إذا اجتمع أكثر من شفيع كان استحقاق كل منهم من الشفعة على قدر نصيبه.
- Article 660
The article provides that if a buyer sells property subject to preemption to another before the preemptor is notified of his wish to take by preemption under Article 666, the preemptor takes it only at the price of the second sale plus its expenses.
إذا اشترى شخص ما تصح الشفعة فيه ثم باعه لآخر قبل إعلام الشفيع رغبته الأخذ بالشفعة وفقًا للفقرتين (ب) و(ج) من المادة (السادسة والستين بعد الستمائة) من هذا النظام
- Article 661
The article fixes when the right of preemption is established: when the sale is completed, provided that the reason giving rise to preemption exists.
تثبت الشفعة بتمام البيع مع قيام السبب الموجب لها.
- Article 662
The article requires, for the right of preemption to be established, that the preemptor owned his share in the real estate at the time the buyer bought the seller's share.
ليس للشفيع حق الشفعة إلا إذا كان مالكًا لنصيبه في العقار وقت شراء المشتري نصيب البائع.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.