What is the ruling on one partner buying the share of the other partner in jointly purchased and measured produce before they separate?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If two individuals purchase produce or similar items, and they are present together and know the measurement, and one partner says to the other, 'Sell me your share, and I will give you a profit,' this is permissible according to a narration from Harab by Imam Ahmad. However, if the buying partner did not witness the initial measurement, the transaction is invalid unless a new measurement occurs. Another narration suggests that measurement is always necessary.
Supporting text
The concept of measurement in these later cases, according to Al-Qadi, relates to accepting the possessor's statement regarding the quantity if the deficiency is minor, as long as the buyer was not present at the initial measurement. However, the apparent meaning favors the literal requirement of measurement over Al-Qadi's interpretation, establishing that the benefit of requiring measurement is preventing the buyer from disposing of the item until its actual measure is known, as detailed in the previous section.