Returning a sewed piece of clothing to a tailor after it is tailor-made

Q. I asked a tailor to sew a Kurta for me with his own material. After he sews it, can I return it if I don’t like it?

A. In principle, if a person orders a manufacturer/tailor to manufacture/tailor a commodity etc., with the manufacturers/tailors own material, it is referred to as an Istisnaa’ transaction.

In an Istisnaa’ transaction, if a person ordered a manufacturer/tailor to manufacturer/tailor a commodity according to specific descriptions and the commodity is manufactured/tailored accordingly, then a person has no right to return or refuse it. However, if the commodity was not manufactured/tailored according to specific descriptions, a person has the right to return or refuse such a transaction. (Sharhul-Majallah 1/76)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

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