Benefits of the Hadith: (Indeed, Allah and His Messenger have forbidden the sale of intoxicants, carrion, pork, and idols . . . ).

The Shaykh : This hadith, as we observe, contains many benefits, among which are:
First, the Prophet (peace and blessings be upon him) was eager to convey matters to the community on appropriate occasions. Indeed, the Messenger (peace and blessings be upon him), during the Conquest of Makkah, guided the community to many rulings related to Makkah and to many rulings that the polytheists had attached themselves to. Thus, it demonstrates the consideration of occasions in sermons, guidance, and admonitions.
Branching from this is that it is incumbent upon the caller to Islam and the preacher to seek out appropriate occasions, following the example of the Messenger of Allah (peace and blessings be upon him).
And among the benefits of this, namely the consideration of occasions, is that when a matter is presented while people are eager for it, it has a greater impact on their hearts and a stronger effect. For this reason, if someone were to stand today and preach to people or admonish them regarding fasting or Hajj, would it have the same effect as if he did so during the days of fasting or Hajj?
The student: No.

The Shaykh : Huh?
The student: No.

The Shaykh : The answer is no, it would not have the same effect. Rather, every matter has a greater and more eloquent impact when it is presented in its appropriate occasion.
And among the benefits of this hadith is the gravity of this sale which the Messenger (peace and blessings be upon him) clarified as forbidden. And from where is this taken, O Muhammad?
The student: Ibrahim.

The Shaykh : Ibrahim.
The student: Indeed, Allah and His Messenger have forbidden...

The Shaykh : We do not have "and His Messenger."
The student: That Allah has forbidden the sale of intoxicants, carrion, and pork...

The Shaykh : Attributing the prohibition to Allah indicates care for it, because attributing the prohibition to Allah has a stronger impact on the believer than if it were said, "Do not do such and such," or "Do not sell such and such." If it were said, "Do not sell intoxicants, carrion, pork, or idols," there is no doubt that the believer would be affected by this. But when it is said , this is stronger and more eloquent in the prohibition.
And among its benefits is also this formulation; as it is more eloquent in that it is attributed to Allah (Mighty and Majestic), it is also more eloquent in that it explicitly states the prohibition. If it were a prohibition like "Do not sell," a claimant might claim that the prohibition is for dislike (makruh). But after it is said that Allah has forbidden it, a claim of dislike is not possible; rather, it is a text regarding prohibition.
And among the benefits...
The student: ...

The Shaykh : ...and carrion, pork, and idols. And among its benefits is the prohibition of these four things, because what is forbidden to sell is forbidden in itself. If it were lawful, its sale would not be forbidden. For this reason, the Prophet (peace and blessings be upon him) said: , meaning its price, the equivalent for this forbidden thing. Pay attention to this condition or restriction: when something is forbidden, its price is forbidden, meaning its price equivalent to this forbidden thing, so that it does not come back to us that the donkey is forbidden and its sale?
The student: Forbidden.

The Shaykh : No, its sale is lawful by consensus. Yes, but if someone bought the donkey to eat it?
The student: Forbidden.

The Shaykh : It becomes forbidden. And for this reason we say , if the price is equivalent to this forbidden thing.
Now, among the benefits of the hadith is the care of the Shari'ah to protect minds, bodies, morals, religions, and wealth, and as some of the brothers said, the individual and society. Because these things are forbidden even if there is only one man in the place; they are forbidden.
Now, the apparent meaning of the hadith is that the sale of intoxicants is absolutely forbidden. Is anything excepted from this? The answer is no, nothing is excepted from this, even if it is the sale of intoxicants from a Muslim to a disbeliever, for it is not permissible. Now, from a disbeliever to a Muslim?
The student: ...

The Shaykh : Huh?
The student: ...

The Shaykh : That is even more so. From a disbeliever to a disbeliever?
The student: It is valid.

The Shaykh : It is valid based on what they believe. And for this reason, when it was mentioned to the Commander of the Faithful, 'Umar ibn al-Khattab (may Allah be pleased with him), that they used to take the tax from intoxicants and then sell it to them, he forbade them from that and said: "Appoint them to sell it and take its prices". Appoint them to sell it, let them be the ones who sell it, and take its prices. And this indicates that its sale is valid; otherwise, it would not be valid to take its price, because the price of what is forbidden to sell is forbidden. And in this saying of 'Umar (may Allah be pleased with him) is a great benefit, which is that if someone deals with a transaction that he believes is lawful, and you believe it is forbidden, then what you take from him is lawful, lawful and permissible, lawful with no harm. If he bought something that you believe the purchase of is forbidden and that ownership did not transfer through it, it is permissible for you to buy it from him. Why? Because he believes it is lawful, he believes it is lawful. And so with all matters of disagreement, if they occur from one who believes them to be lawful, and there is no text regarding prohibition such that it is not permissible for him to exercise independent reasoning, then every person deals according to what his opinion requires.
For example, if we found a man smoking and he believes that smoking is lawful, is it permissible for me to rebuke him? As long as he believes it is lawful. If you saw a man eat camel meat and fill his stomach, then stand up to pray without ablution, and he believes that ablution is not obligatory from camel meat, would I rebuke him? No, I would not rebuke him. And praying without ablution is greater than smoking, is it not?
The student: Yes.

The Shaykh : Much greater, to the extent that Abu Hanifa (may Allah have mercy on him) in his school of jurisprudence holds that one who prays in a state of ritual impurity is a disbeliever because he is mocking the verses of Allah. And yet, if he holds that it does not break the ablution, we do not rebuke him. And this report of 'Umar (may Allah be pleased with him) is the basis for this. He said: "Appoint them to sell it and take its prices". Now...

The questioner : ...

The Shaykh : Yes, if he believes it, he says it is lawful.

The questioner : ...Everything?

The Shaykh : Everything, yes. Everything that a person believes to be lawful and I see as forbidden, I do not rebuke him for it, except for something that contradicts a text such that it is not permissible for him to exercise independent reasoning.

The questioner : ...

The Shaykh : Allah is the Helper. What is not permissible for him to exercise independent reasoning?

The questioner : How, O Shaykh...

The Shaykh : Huh?

The questioner : ...We now understand your intent, O Shaykh...

The Shaykh : I say, everything in which there is disagreement, where you see it as forbidden and the other sees it as not forbidden, do not rebuke him, and it is not your right to rebuke him, because he believes it is lawful, except for something that contradicts a text such that it is not permissible for him to exercise independent reasoning in it. This, without doubt, you must rebuke, you must rebuke, you say, "Come, what is the matter... what is the matter? You are contradicting the text." Yes, I told you, I gave an example that you agree with and in which there is no difficulty for you. I ate camel meat, and a man from the Shafi'i school, whose school is the Shafi'i school, for example, does not hold that camel meat breaks the ablution. We ate the meat, then we stood up to pray. I performed ablution because I hold that ablution is obligatory from camel meat, and he did not perform ablution. Do I say to him, "Fear Allah, this is forbidden for you," and rebuke him?
The student: No.

The Shaykh : Now, what is your opinion of one who prays without ablution? Is he rebuked or not?
The student: Yes, he is rebuked.

The Shaykh : He is rebuked. Why do I not rebuke this one? Because he believes he is in a state of ablution and that it is not forbidden for him to pray now. The same things, the same other things. The thing in which there is disagreement and in which there is no text preventing a person from exercising independent reasoning in what he holds, we do not rebuke him. Because what would he say? He would say, "You believe it is forbidden, and I do not believe it is forbidden, so your saying is not a proof against me, and my saying is not a proof against you." So perhaps I would say, if I rebuke him that it is forbidden, and he... is forbidden, you would also say, "I rebuke you," and I would say, "Why do you forbid it? The original state is permissibility? Why do you forbid it? Why do you prevent Allah's servants from what Allah created?" That is the problem. But now, here in Saudi Arabia, as far as I know, none of our scholars say that smoking is forbidden...
The student: Permissible.

The Shaykh : Yes, I seek forgiveness from Allah. They say that smoking is lawful. And on this basis, if a layperson comes and says, "By Allah, I follow other people outside the Kingdom who say it is lawful," we do not obey him, because the layperson is not qualified for independent reasoning. But if a student of knowledge comes from another country and says, "By Allah, the prohibition has not become clear to me," and we see him smoking, we do not rebuke him, because we do not have a text that says smoking is forbidden. We have the entry of prohibition into the generalities of generalities .
The important thing is that (may Allah be pleased with him), when they said that they take from the People of the Book the tax or the jizyah, taking intoxicants and selling them and taking the price... he forbade them and said: "Appoint them to sell it and take its prices". The sale of intoxicants regarding Muslims?
The student: Forbidden.

The Shaykh : Regarding the dhimmis?
The student: Permissible.

The Shaykh : Let them sell the intoxicants, for they believe it is lawful, and take the price from them. Although I now know that this man sold the intoxicants and took the price, the price of the intoxicants, and put it in the public treasury. Is that clear now?
The student: Yes.

The Shaykh : Very well.

The questioner : Shaykh?

The Shaykh : Yes.