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What is the ruling on selling an apartment by way of istisna' (manufacturing contract) before taking possession of it and benefiting from its profit, and is the money generated from it lawful if it is gifted to another person?

1 min readAlso available in العربية

Scholars have differed on the ruling concerning selling an apartment that has been commissioned or manufactured before taking possession of it. The majority prohibits it, as stated in the resolution of the Islamic Fiqh Academy, while others have permitted it. Since the sale has already taken place, and some scholars deem it valid, we hope there is no problem in this, and no problem for the brother to benefit from the price that was gifted to him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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