Must a second measurement be performed if one person measures food, and another person witnesses this measurement and then purchases their share without a second measurement?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

There are two narrations concerning whether a buyer who witnesses the measurement needs a second measurement to purchase the witnessed quantity. The first view holds that a second measurement is unnecessary because the buyer witnessed the original measurement, similar to if it had been measured directly for him. The second view holds that a second measurement is required because it constitutes a new sale, thus necessitating a measurement, based on the Hadith and analogy to the first sale.

Supporting text

If the seller measured the food for the buyer, and then the buyer sold it back to him, the ruling is the same as the previous issue (requiring measurement or not, depending on the established view).