What is the liability of a craftsman who cuts cloth into a garment shape different from what he was instructed to make?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If a craftsman is ordered to cut a garment into a man's shirt but cuts it into a woman's shirt instead, he is liable for the difference in value between the cloth as it should have been cut (man's shirt) and as it was actually cut (woman's shirt). This is because the action performed was unauthorized cutting, akin to cutting without any permission at all. Consequently, the craftsman is not entitled to any wages for the cutting, whereas he would have been if he had performed the commanded action.
Supporting text
An alternative view suggests he should only be liable for the difference in value between a woman's shirt and a man's shirt because he was authorized to cut a shirt in general. However, the former view is considered sounder because the authorization was specific to a described garment, making any deviation an act of transgression starting from the cutting itself.