«والشفيع إذا علم بالبيع وسكت كان ذلك بمنزلة البيان بأنه راض بذلك»
“When the holder of pre-emption learns of a sale and remains silent, that may count as clarification of acceptance.”
The shafi' is a person who may hold a right of pre-emption in a qualifying property sale. If the sale and opportunity to exercise the right become known, silence in the legally relevant setting can count as acquiescence or abandonment of the claim under the applicable juristic conditions.
The legal signal is not mere silence in isolation, but silence upon knowledge of the sale at the occasion for asserting the right. Without knowledge or an appropriate chance to claim, the same conclusion does not automatically follow.
Thus the force of silence depends upon the particular right and its procedural conditions.