May Allah reward you, O honorable Shaykh! I testify to Allah that I love you for the sake of Allah, and my question is:
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The questioner : He says: May Allah reward you, O honorable Shaykh! I testify to Allah that I love you for the sake of Allah. My question is: I have a shop that my brothers rented out to sell sandwiches. Later, I learned that it sells tobacco, even though we eat and drink from the income of this shop. I advised my brothers to prevent him from selling this tobacco, but to no avail. They prevented me from speaking about it because three of them smoke, and I am the youngest of them. What is the ruling on eating from this shop? What do you advise me to do with them? May Allah reward you with good.
The Shaykh : If this shop was rented for preparing food—sandwiches or otherwise—the lease is valid. If it was rented to sell tobacco, the lease is invalid, and the tenant has no right to the shop. However, it is usually the case that the lessor does not know what the tenant does in his shop, so the lease is valid. But when the term ends, meaning the lease period, the lessor must tell the tenant: either stop selling tobacco, or leave. It is not permissible to renew the lease with him after that while knowing that he will sell tobacco in this shop. Why? Because smoking tobacco is forbidden, and one who facilitates the forbidden is sinful, sharing in the sin with the doer. The evidence for this is:Musnad Ahmad 1364Hasan because of corroborating evidence; this is a da'eef isnad] (Darussalam) Who is the one who eats riba? The one who eats it, known as the riba-taker. He takes riba, whether he eats it or wears it, he takes riba. And the one who gives it, the one from whom the riba was taken. Look, the one from whom the riba was taken is cursed, even though he is the wronged party. The two witnesses: and what did they do? They confirmed the contract, because the contract is established by testimony. The fifth: who? The scribe. He also establishes the riba. They are all cursed by the tongue of the Prophet (peace and blessings be upon him), because they are cooperating. So when tobacco is forbidden, selling it is forbidden, renting shops for its sale is forbidden, and the rent is forbidden. I say: tobacco is forbidden by the evidence of the Qur'an, the Sunnah, and reason. The evidence from the Qur'an: The first evidence: Allah, Blessed and Exalted is He, said: [An-Nisa 4:5] What is the benefit of the wealth that Allah has given us? That it be a means for us to establish the interests of our religion and our worldly affairs. What benefit is there in spending it on smoking tobacco? Answer? No benefit, no benefit. Good. This is one. A second evidence: Allah the Exalted said: [An-Nisa 4:29] And smoking tobacco is one of the causes of killing the soul. Look at the statistics in countries that care about these matters; how many do you find who died because of tobacco? The third evidence: Allah the Exalted said: [Al-Baqarah 2:195] And there is no doubt that the one who smokes tobacco throws himself into destruction. Look at his body, look at himself, look at his condition. And if he were safe from that, he would find energy and strength, as those whom Allah protected from it after they used to smoke have known.
As for the Sunnah: Listen to the saying of the Messenger (peace and blessings be upon him), or rather to what is established from the Messenger (peace and blessings be upon him), that he prohibited the squandering of wealth. Ask the smoker: is he squandering wealth and not preserving it? I say: he is squandering it. Some of them, may Allah protect us, buy tobacco and leave their families gasping from hunger, meaning they prioritize buying tobacco over buying necessities and needs. We ask Allah for safety. This is squandering wealth. Also, the smoker, if he cannot get to smoke, what is his state? Yes. His chest becomes tight, the world becomes narrow for him, until he performs the prayer while short of breath and not at peace with it. And as for fasting, tell no harm: the world will become narrow for him, and fasting will be heavy for him. And anything that makes acts of worship heavy for a person is not good. As for reason: every rational person never agrees to spend his wealth in what is not beneficial, but rather in what is harmful. Every rational person does not agree to be associated with this tobacco with its foul smell from which every person flees. Some people, if one of the smokers stands next to them in prayer, may not be able to pray; they turn to another side. Every rational person cannot do something that harms him. For this reason, we in this place direct advice to the youth to stay as far away as possible from those who are afflicted with smoking it. If they smoke it, perhaps Satan will whisper to them and their companion will smoke. And if the youth smokes and has no money, and will be forced to take it by any means, could that be a cause for selling his honor? Yes, it is possible. A youth who has no money and is forced to smoke it will reach his desire by any means. Or perhaps it will compel him to steal from his father's money, or his mother's money, or his friend's money, or the money of someone he does not know. All these are the harms of smoking tobacco. The cases and stories regarding what results from smoking tobacco are very many. It is not fitting for us in this gathering, and we are in one of the houses of Allah, to mention them, because they are very severe. Yes.
The Shaykh : If this shop was rented for preparing food—sandwiches or otherwise—the lease is valid. If it was rented to sell tobacco, the lease is invalid, and the tenant has no right to the shop. However, it is usually the case that the lessor does not know what the tenant does in his shop, so the lease is valid. But when the term ends, meaning the lease period, the lessor must tell the tenant: either stop selling tobacco, or leave. It is not permissible to renew the lease with him after that while knowing that he will sell tobacco in this shop. Why? Because smoking tobacco is forbidden, and one who facilitates the forbidden is sinful, sharing in the sin with the doer. The evidence for this is:
that The Messenger of Allah (ﷺ) cursed the one who consumes riba, the one who pays it
أن النبي صلى الله عليه وسلم لعن آكل الربا وموكلهAnd do not give the weak-minded your property, which Allah has made a means of sustenance for you
وَلا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَاماًAnd do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.
وَلا تَقْتُلُوا أَنْفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيماًand do not throw [yourselves] with your [own] hands into destruction [by refraining]
وَلا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِAs for the Sunnah: Listen to the saying of the Messenger (peace and blessings be upon him), or rather to what is established from the Messenger (peace and blessings be upon him), that he prohibited the squandering of wealth. Ask the smoker: is he squandering wealth and not preserving it? I say: he is squandering it. Some of them, may Allah protect us, buy tobacco and leave their families gasping from hunger, meaning they prioritize buying tobacco over buying necessities and needs. We ask Allah for safety. This is squandering wealth. Also, the smoker, if he cannot get to smoke, what is his state? Yes. His chest becomes tight, the world becomes narrow for him, until he performs the prayer while short of breath and not at peace with it. And as for fasting, tell no harm: the world will become narrow for him, and fasting will be heavy for him. And anything that makes acts of worship heavy for a person is not good. As for reason: every rational person never agrees to spend his wealth in what is not beneficial, but rather in what is harmful. Every rational person does not agree to be associated with this tobacco with its foul smell from which every person flees. Some people, if one of the smokers stands next to them in prayer, may not be able to pray; they turn to another side. Every rational person cannot do something that harms him. For this reason, we in this place direct advice to the youth to stay as far away as possible from those who are afflicted with smoking it. If they smoke it, perhaps Satan will whisper to them and their companion will smoke. And if the youth smokes and has no money, and will be forced to take it by any means, could that be a cause for selling his honor? Yes, it is possible. A youth who has no money and is forced to smoke it will reach his desire by any means. Or perhaps it will compel him to steal from his father's money, or his mother's money, or his friend's money, or the money of someone he does not know. All these are the harms of smoking tobacco. The cases and stories regarding what results from smoking tobacco are very many. It is not fitting for us in this gathering, and we are in one of the houses of Allah, to mention them, because they are very severe. Yes.