What is the compensation for a weaver who weaves fabric exceeding the agreed length and width?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a weaver is contracted to weave a specific dimension (e.g., ten cubits long by one cubit wide) and produces an excess in both length and width, the weaver receives no wages for the excess material, as it was not commissioned. The weaver is liable for the missing yarn in the excess portions. If the excess is only in length and the original specification is not compromised by the addition, the weaver receives the agreed-upon wages. This is analogous to a contract for laying one hundred bricks where two hundred are laid.

Supporting text

There are differing views regarding excess in width alone, or excess in both dimensions. One view holds that no wages are due because the weaver violated the employer's order, similar to building a wall one cubit wide by building it two cubits wide. The second view grants the agreed wage, as the weaver exceeded the commissioned work, resembling an excess in length.