Is it permissible to consider a regular sales contract that includes the future construction and delivery of a property, described with full specifications and a delivery date, a "manufacturing contract" (Istisna' agreement), especially if it stipulates that the buyer accepted the unit "as is" at the time of contracting and the condition of inspection was waived, with reliance placed solely on the blueprints?

The jurisprudential rule dictates that in contracts, consideration is given to intentions, not to wordings. Istisna' (manufacturing contract) is a type of sale that has a special nature. The istisna' contract is concluded with the wording of a sale if its conditions are mentioned, because the contract is considered istisna' in meaning. Therefore, calling it a sale does not contradict its being istisna', and what is considered is the fulfillment of the conditions of istisna', such as the known specifications of the manufactured item, its price, and its deadline. Inspecting the apartment blueprints is sufficient to fulfill the condition of known specifications if it is described in a way that eliminates ambiguity.