Does the building contractor who owns one-third of the building upon its completion fall under the category of a manufacturer (sāniʿ)? And does the one who commissions the manufacturing, such as an owner who brings in a contractor to build for him, fall under the category of a manufacturer? And what about the one who commissions manufacturing in areas other than construction, specifically regarding the sale of a commodity that has not yet been taken possession of?

Scholars have agreed on the impermissibility of selling food before taking possession of it, but they differed concerning other items, and the correct view is that it is not permissible. It is permissible to deal with a building contractor if the tools and workers are provided by him, by describing the building with a description that removes any ambiguity. This is considered a contract of istisna' (manufacturing contract) or salam (forward buying), and there is no objection to the contractor being a partner in the building. However, if the contractor does not own the tools and workers, but rather the employer provides them for him, then he is merely a hired hand (ajir). It is permissible to contract with an agent for manufacturing other than building, on the basis of istisna' or salam.