Is the female questioner required to pay the value of the cake to the shop, knowing that she did not pay a deposit and did not receive the cake, and the shop prepared it assuming the order was confirmed?
The "Istisna'" (manufacturing) contract, where food (cake) is prepared according to the customer's request, is a valid contract under certain conditions, one of which is specifying the delivery date. If the contract is concluded with these conditions, it becomes binding on both parties, and neither party may unilaterally revoke it except with the consent of the other party. Therefore, the questioner should have accepted the food prepared for her on time, even if she had not paid anything of its price, because advance payment of the price is not a condition in Istisna'. The questioner must communicate with the shop and reconcile with them to clear her conscience, even if she has to pay the full price if the food has spoiled. However, if the shop sold the cake to another customer at the same price, then there is nothing due from the questioner.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/174741