What is the ruling on istisna' (commissioning a craft)?
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The questioner : We stipulated in salam (forward sale) that it must be quantified.
The Shaykh : Yes.
The questioner : And what is the current practice regarding ijara (hire) and clothing...?
The Shaykh : This is istisna' (commissioning a craft). Many scholars say: it does not fall under salam at all, and it is not valid, even if you pay in advance, it is not valid. But the correct view is that it is valid. As for the condition of paying the price in advance in the matter of craftwork, it is not obligatory, because there is a possibility that they will not make it as you want. Yes?
The questioner : It is taken from the hadith ... that they used to pay in advance, and the Prophet approved them.
The Shaykh : Approval, may Allah keep you safe, is when one remains silent. If the Messenger of Allah (peace and blessings be upon him) had remained silent, it would have been approval. But since he spoke and said:, this is not it.
The questioner : ... .
The Shaykh : There is no shari'ah (legislation) for it. Now we say: this is establishing the permissibility of salam by verbal statement.
The student: What is approval?
The Shaykh : No, it is because he said:. So this is a verbal ruling. But if he had remained silent and left them as they were, it would have been approval.
The questioner : Who considers it to be from the matters of the pre-Islamic age of ignorance.
The Shaykh : Yes?
The questioner : ... .
The Shaykh : But we do not have the wording of "who hired" or something similar. Yes.
The questioner : I say, O Shaykh, regarding istisna' (commissioning a craft).
The Shaykh : Yes.
The questioner : I paid, for example, I gave him the amount or part of the amount, and we made a contract between you and him.
The Shaykh : Yes.
The questioner : A specific term, then the term ended and he did not fulfill his promise. Do you have the right to demand the amount and cancel what is between you and him?
The Shaykh : Yes, you have that right. Yes?
The questioner : ... like shuf'a (pre-emption), for example.
The Shaykh : Yes.
The questioner : Meaning this is an analogy (qiyas), it is not said: ... .
The Shaykh : No, absolutely, they say this is outside the shari'ah rules.
The questioner : So shuf'a (pre-emption) is analogized to it.
The Shaykh : If it is found, and what is found? What is found is qasamah (oath-taking in homicide), which is analogized to it. Meaning, if strong indications are found, the oath becomes alongside the claimant. Ah, ah, what?
The questioner : ... .
The Shaykh : Yes, its ruling is the ruling of qasamah (oath-taking in homicide). Yes, yes.
Before we discuss the debate, I say: some of you ask me to answer a question, and I am busy, and I tell him: come to me after this. Then I do not see him after that. What is the reason? Did he reflect and think about the matter and know the ruling, or did he say: "By Allah, this did not answer me, I am not asking him"? Yes, or what?
Here, if Allah wills, it is not about anything else. This is good, fine.
The Shaykh : Yes.
The questioner : And what is the current practice regarding ijara (hire) and clothing...?
The Shaykh : This is istisna' (commissioning a craft). Many scholars say: it does not fall under salam at all, and it is not valid, even if you pay in advance, it is not valid. But the correct view is that it is valid. As for the condition of paying the price in advance in the matter of craftwork, it is not obligatory, because there is a possibility that they will not make it as you want. Yes?
The questioner : It is taken from the hadith
... from the matters of the pre-Islamic age of ignorance
... من أمور الجاهليةThe Shaykh : Approval, may Allah keep you safe, is when one remains silent. If the Messenger of Allah (peace and blessings be upon him) had remained silent, it would have been approval. But since he spoke and said:
Whoever pays in advance
من أسلفThe questioner : ... .
The Shaykh : There is no shari'ah (legislation) for it. Now we say: this is establishing the permissibility of salam by verbal statement.
The student: What is approval?
The Shaykh : No, it is because he said:
Whoever pays in advance, let him pay
من أسلف فليسلفThe questioner : Who considers it to be from the matters of the pre-Islamic age of ignorance.
The Shaykh : Yes?
The questioner : ... .
The Shaykh : But we do not have the wording of "who hired" or something similar. Yes.
The questioner : I say, O Shaykh, regarding istisna' (commissioning a craft).
The Shaykh : Yes.
The questioner : I paid, for example, I gave him the amount or part of the amount, and we made a contract between you and him.
The Shaykh : Yes.
The questioner : A specific term, then the term ended and he did not fulfill his promise. Do you have the right to demand the amount and cancel what is between you and him?
The Shaykh : Yes, you have that right. Yes?
The questioner : ... like shuf'a (pre-emption), for example.
The Shaykh : Yes.
The questioner : Meaning this is an analogy (qiyas), it is not said: ... .
The Shaykh : No, absolutely, they say this is outside the shari'ah rules.
The questioner : So shuf'a (pre-emption) is analogized to it.
The Shaykh : If it is found, and what is found? What is found is qasamah (oath-taking in homicide), which is analogized to it. Meaning, if strong indications are found, the oath becomes alongside the claimant. Ah, ah, what?
The questioner : ... .
The Shaykh : Yes, its ruling is the ruling of qasamah (oath-taking in homicide). Yes, yes.
Before we discuss the debate, I say: some of you ask me to answer a question, and I am busy, and I tell him: come to me after this. Then I do not see him after that. What is the reason? Did he reflect and think about the matter and know the ruling, or did he say: "By Allah, this did not answer me, I am not asking him"? Yes, or what?
Here, if Allah wills, it is not about anything else. This is good, fine.