Is the ruling regarding a garment similar to the ruling regarding land in sales?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The ruling concerning a garment is analogous to the ruling concerning land. If a person states, 'I sold you this garment from this location to this location,' the sale is valid. If the cutting of the specified portion does not diminish the value of the remainder, the cutting is performed. If the cutting diminishes the value and the seller stipulates that he will cut it, or both the buyer and seller consent to the cutting, the transaction is permissible. The evidence supporting this is that delivery (Taslim) is possible, and the occurrence of potential harm does not preclude delivery if the seller consents, similar to selling an undivided share of an animal.
Supporting text
If the buyer and seller disagree on who should perform the cutting, they become partners in the garment, just as they become partners in land. The judge, Al-Qadi, stated that such a sale is invalid because delivery is impossible without causing harm, which is comparable to selling a specifically designated half of a living animal.