Answered by Shaykh Faraz Rabbani
Can a Muslim rent out his shop to chain-store who besides other food items sell alcohol? I was told in an answer by a mufti on the internet that this is ‘not permissible’, but in my country every supermarket sells alcohol, almost. But it is only a part of their dealings. Surely, this is not like renting it out to someone who has a night club or bar or something!
Walaikum assalam,
In the name of Allah, the inspirer of truth. All praise is to Allah, Most Merciful and Compassionate, and all blessings and peace to our Master Muhammad, his family, companions, and those who follow them.
According to the position of Imam Abu Hanifa (Allah have mercy on him), it would be permitted to rent out your shop to someone who does something impermissible, and to deliver pizzas even if they contain pork. When one has a choice, it is better to avoid such matters, but this is not always possible in many situations.
1. Non-Muslims are allowed to drink alcohol and eat pork, as they believe it is permitted, as long as they do not do so openly in Muslim areas.
2. Permissibility and impermissibility are legal rulings that relate to the actual actions of those morally responsible. And action would be impermissible if it is itself interdicted, or it is the immediate means to the impermissible.
3. In the case of the actions mentioned in the question, that which is interdicted takes place through the choice and actions of a willing actor, not as a direct result of the actions of the Muslim in question.
` Ala ’ al-Din al-Haskafi (Allah have mercy on him) said in his Durr al-Mukhtar, considered the most definitive commentary in Hanafi fiqh for legal details,
“(And) it is permitted to repair a church or (to transport wine for a non-Muslim) by oneself or one’s vehicle (for money).”
Ibn Abidin commented in his Radd al-Muhtar, which is the primary reference for the relied upon positions of the school,
“(His saying, ‘It is permitted to repair a church.’)
It is stated in al-Khaniyya that if one got hired to work in repairing a church, there is nothing wrong with it [f: though it is better not to, as the expression la ba’s indicates], because the sin is not in the action itself.
(His saying, ‘and to transport wine for a non-Muslim’)
Zayla`i said,[1] ‘This is Abu Hanifa’s position. His two companions [f: Abu Yusuf and Muhammad ibn al-Hasan] said that it is [prohibitively] disliked, because the Prophet (Allah bless him & give him peace) cursed ten with regards to wine, and he included the one who transports it. Abu Hanifa’s reasoning is that the hiring is for transporting itself is neither a sin nor a reason for it. Rather, the sin only occurs through the action of a willing actor, and drinking [f: which is the sin, for example] is not necessarily entailed by the transportation, because it could be [f: for a permitted reason such as] to throw away or to transform into vinegar. Thus it is akin to being hired to press or cut grapes. As for the hadith, it is interpreted to mean transporting with the intention of sin…’
Then, Zayla`i said, ‘The same difference exists [f: between Abu Hanifa and his two companions] if he is hired with a vehicle to transport wine, or if hired to herd pigs. In such cases, the wages are permissible according to Abu Hanifa, and [prohibitively] disliked according to Abu Yusuf and Muhammad ibn al-Hasan. [f: The relied upon position in these issues is that of Abu Hanifa.] It is mentioned in al-Muhit that, ‘…. If a shoe-maker is asked to make a shoe like that [characteristic] of Magians [or other non-Muslims], or the corrupt, or if a tailor is asked to make clothing like that [characteristic] of the corrupt, it is disliked to do so, because it is a means to the imitation of unbelievers or the corrupt [f: which is impermissible.]” [Radd al-Muhtar`ala al-Durr al-Mukhtar, ‘Babal-Bay`’]
And Allah alone gives success.
Wassalam,
Faraz Rabbani.