What is the ruling on a prayer rug seller's refusal to photograph products before delivery, obligating the buyer to receive them and then return them if they are not liked?
It appears that the described transaction is a form of Istisna' (manufacturing contract), which involves requesting the production of something not yet made, according to specific specifications and for a monetary consideration. The manufacturer is not obligated to provide an image of the manufactured item unless this is stipulated. Seeing an image does not suffice in place of seeing the actual item being sold, and the intended purpose is fulfilled upon delivery. If the manufactured item deviates from the specifications, the procurer has the option to return it. The Istisna' contract is binding on both parties if its conditions are met, namely: clear description of the type, kind, quantity, required specifications, price, and deadline. The procurer retains the option to return the item if the manufactured product deviates from the specifications.
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- Original fatwa ID
- 174089
- Imported
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