What is the ruling when a sale is contracted based on a specific measure (e.g., ten cubits) and the actual measure is deficient (e.g., nine)?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
There are two established narrations. The first holds the sale as void, based on the reasoning presented above regarding impossibility of fulfillment. The second holds the sale as valid, and the buyer has the option to either annul the contract or keep the object by paying nine-tenths of the stipulated price.
Supporting text
The companions of Shafi'i state that the buyer cannot keep the item except by paying the full price or annulling the contract, based on their principle that the buyer of a defective item only has the options of annulment or retention at the full price. Our position maintains that since the object is deficient in quantity, the buyer may retain it for a proportionate part of the price, analogous to a bulk good (sabra) sold by measure, where if it measures short, the buyer pays proportionally.