It is not permissible to analogize the sale of cigarettes and tobacco to trading in items that are permissible to use in one way but not in another
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Fatwa No. ( 10901 )
Q: I heard from one of the senior shaykhs of the Ansaar al-Sunnah al-Muhammadiyyah group that it is permissible to sell and sew women’s dresses that do not cover the woman, i.e., short dresses. He cited as evidence that the Messenger of Allah (peace and blessings be upon him) gave 'Umar ibn al-Khattab (may Allah be pleased with him) a red silk garment. When 'Umar wore it and the Messenger of Allah (peace and blessings be upon him) saw him, he said to him: So 'Umar gave it as a gift to one of his companions from the pre-Islamic age, or so the meaning of the hadith is. The shaykh said that one of the imams—I do not remember who—narrated it in a book under the chapter: “Chapter on the Permissibility of Selling What Is Not Permissible to Wear.” What is your opinion of this statement? And if it is correct, is it possible to analogize to it the permissibility of selling cigarettes and tobacco and gold jewelry, as well as women’s pants and indecent men’s and women’s swimsuits? And the Master (Mighty and Majestic) says in His Book: [Al-Ma'idah 5:2] , so I ask for your information, and it is far from us that there should be a contradiction between the Qur'an and the Sunnah.
A: The hadith was narrated by al-Bukhari and Muslim and others in several places
from several chains, including the narration of al-Bukhari under the chapter on trading in what is disliked for men and women to wear, via the route of Salim ibn 'Abd Allah ibn 'Umar from his father, who said: — meaning, sell it. This hadith indicates the permissibility of trading in clothing that is permissible to use in one way but not in another, and the permissibility of giving it as a gift or donating it. It is incumbent upon the one who buys it or is given it as a donation to use it in the permissible way, not the prohibited one. The same applies to: gold jewelry, weapons, knives, grapes, and the like of what can be used in a permissible
or prohibited manner. It is permissible to trade in it, donate it, or give it as a gift, and it is incumbent upon the one who buys it or is given it as a gift to use it in the permissible way: such as selling it, giving it away, and the like, without benefiting from it in the prohibited way. However, if the thing is forbidden to use in every way and in every circumstance, then it is not permissible to trade in it or give it as a gift; such as the pig, the lion, and the wolf. There is no indication in the hadith of the permissibility of selling what was mentioned, so it is not correct to analogize the sale of cigarettes, tobacco, and indecent men’s and women’s swimsuits to trading in what is permissible to use in one way but not in another, and in one circumstance but not in another; because they are forbidden to use in every circumstance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Q: I heard from one of the senior shaykhs of the Ansaar al-Sunnah al-Muhammadiyyah group that it is permissible to sell and sew women’s dresses that do not cover the woman, i.e., short dresses. He cited as evidence that the Messenger of Allah (peace and blessings be upon him) gave 'Umar ibn al-Khattab (may Allah be pleased with him) a red silk garment. When 'Umar wore it and the Messenger of Allah (peace and blessings be upon him) saw him, he said to him:
I gave it to you to give it as a gift, not to wear it
إني أعطيته لك لتهديه، وليس لتلبسهAnd cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِA: The hadith was narrated by al-Bukhari and Muslim and others in several places
from several chains, including the narration of al-Bukhari under the chapter on trading in what is disliked for men and women to wear, via the route of Salim ibn 'Abd Allah ibn 'Umar from his father, who said:
The Prophet (peace and blessings be upon him) sent to 'Umar (may Allah be pleased with him) a silk or brocade garment, so when he saw it on him, he said: I did not send it to you for you to wear; only one who has no share in the Hereafter wears it; I only sent it to you so that you may enjoy it
أرسل النبي صلى الله عليه وسلم إلى عمر رضي الله عنه بحلة حرير أو سيراء، فرآها عليه فقال: إني لم أرسل بها إليك لتلبسها، إنما يلبسها من لا خلاق له، إنما بعثت إليك لتستمتع بهاor prohibited manner. It is permissible to trade in it, donate it, or give it as a gift, and it is incumbent upon the one who buys it or is given it as a gift to use it in the permissible way: such as selling it, giving it away, and the like, without benefiting from it in the prohibited way. However, if the thing is forbidden to use in every way and in every circumstance, then it is not permissible to trade in it or give it as a gift; such as the pig, the lion, and the wolf. There is no indication in the hadith of the permissibility of selling what was mentioned, so it is not correct to analogize the sale of cigarettes, tobacco, and indecent men’s and women’s swimsuits to trading in what is permissible to use in one way but not in another, and in one circumstance but not in another; because they are forbidden to use in every circumstance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.