What is the liability of a tailor if the owner asks about sufficiency, the tailor affirms it, and the cloth proves insufficient upon cutting?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the cloth owner asks the tailor, 'Will this suffice for a shirt?' and the tailor affirms, 'Yes,' and then the owner says, 'Cut it,' but the cloth proves insufficient after cutting, the tailor is not liable. This view is supported by Shafi'i and the companions of Ra'y (Hanafi school). The distinguishing factor from the first case is that the permission to cut was given based on the tailor's affirmation of sufficiency, implying a general authorization to cut once sufficiency was confirmed by the expert, even if the confirmation was erroneous.

Supporting text

Abu Thur maintains that the tailor bears no liability in this case either, arguing that if deception occurred in the first scenario, it must also be considered present here.