Article 664 of the Saudi Civil Transactions Law
المادة 664 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article prevents preemption from being divided, so the preemptor may not take part of the real estate against the buyer's will, unless there are several buyers from a single seller.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تقبل الشفعة التجزئة، فليس للشفيع أن يأخذ بعض العقار جبرًا على المشتري، إلا إذا تعدد المشترون واتحد البائع؛ فللشفيع أن يأخذ نصيب بعضهم ويترك الباقي.
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 664 explained in plain English
This article sets the rule that preemption cannot be divided. A preemptor who wants to take by preemption cannot choose part of the sold real estate and leave the rest to the buyer against his will, because that would harm the buyer, who bought the real estate in a single transaction.
The article contains two points:
- The rule: The preemptor may not take part of the real estate against the buyer's will. The wording "against the will" means the prohibition concerns imposing division on the buyer without his consent.
- The exception: If there are several buyers and the seller is one, that is, a single person sold the real estate to several buyers, the preemptor may take the share of some of them and leave the rest.
Note that the exception requires both things together: several buyers and a single seller. Neither alone is enough to depart from the rule.
A related rule on preemption is Article 663, which provides that established preemption does not lapse on the death of the seller, the buyer or the preemptor.
Anyone facing a transaction with several parties who wants to know what they may take by preemption is well advised to consult a lawyer who specializes in real estate matters.
Practical example
Sulaiman sold land in Jeddah to three buyers, each taking a third. His partner Hamad wants to take by preemption, but he needs only the share of one of them. Because the seller is one and the buyers are several, Hamad may take the share of one buyer and leave the other two. But if the buyer were a single person, Hamad could not take only a third of the land against his will.
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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Frequently asked questions about Article 664 of the Saudi Civil Transactions Law
May the preemptor take only part of the real estate?
He may not take part of the real estate against the buyer's will, because preemption cannot be divided.
When may the preemptor take the share of some buyers and not others?
If there are several buyers and the seller is one, the preemptor may take the share of some of them and leave the rest.
Is having several buyers alone enough to divide preemption?
Along with several buyers, the article requires that the seller be one.
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.