The nature of pre-emption A comparative study between Omani and Egyptian law

Preemption is a restriction on the freedom of disposal and ownership, as it is contrary to the original and is supposed to leave the owner free to dispose of what he owns as he wishes, and his freedom is limited only by the rules of public order.
While the seller finds himself bound by a contract that he did not initially accept, he was forced to contract with another person, the shafi'i, by consent or judicial judgment, which is the majority, and the judicial judgment is considered a real contract in which the judicial authority replaces the will, and the dispute arose over the nature of the right to shafa'a, an opinion went to consider it the source of the in rem right to property ownership, and another opinion went to consider it a personal right.
This means that the beneficiary does not use an in rem claim but a personal right that is close to him, which is the right to become a buyer, and a third opinion considers it a personal right in kind, as it is personal for the beneficiary and in kind for the purchased property, and another team argues that preemption is not a personal or in rem right but a natural legal fact and a reason for gaining property, it is not a right but a source of right, and it follows that the beneficiary's creditors may not use an indirect claim and request preemption in his name.
According to this view, the preemption does not pass by transfer from the preacher to a third party, and according to this view, the preacher may waive it after establishing his right to it or before that, and it also does not pass by inheritance from the preacher to his heirs unless the right to it is established by the inheritor by declaring his desire for it before his death, even if he did not file the case, then the heirs have the right to file and pursue it.