What is the ruling on selling a specifically defined portion of a garment that requires cutting?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the specified portion of the garment diminishes in value upon cutting, and either the seller agrees to cut it or both parties agree to the cutting, the sale is valid. The basis for this validity is that delivery is achievable, and the potential harm is waived by the mutual consent of the contracting parties. This differs from selling a specific, segregated half of a living animal, which cannot be delivered individually without destroying it and removing its monetary value.
Supporting text
If the parties dispute who should perform the cutting, they become partners in the garment, similar to partnership in land.