Is a sale valid if one partner sells their share to the other partner using the same measurement established during the initial joint division, after the division and separation have occurred?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

Such a sale is invalid. This is analogous to a situation where a person buys foodstuff from another, has it measured out, and then separates, before selling it back using the original measurement. If separation did not occur, the ruling depends on the preceding dispute regarding possession.