order to make something (الاِسْتصْنَاعُ)

order to make something (الاِسْتصْنَاعُ)


الفقه أصول الفقه

التعريف :


To enter into a contract with someone to make something of particular description, at a particular time and value.

المعنى الاصطلاحي :


A contract to manufacture an item whereby the seller becomes committed to make the item for the buyer with material that the former provides, with certain specifications, in return for an agreed-upon price.

الشرح المختصر :


"Istisnaa‘" (custom order) is a contract in which the buyer requests that an item be custom-made for him. The seller becomes committed to make the item with material that he provides with special specifications, and for a certain price to be paid at the time of signing the contract, after delivery of the item, or deferred to a certain term. An example of this is when a person (the buyer) asks a craftsman (the seller), such as a carpenter or blacksmith, etc., to make a certain item with certain specifications, like house furniture, with the wood provided by the craftsman for a certain price.

التعريف اللغوي المختصر :


"Istisnaa‘": custom order. It is derived from "istasna‘a", which means to have something made by special order.