Is it permissible for me to open a dental clinic in partnership with another doctor, where he treats women and I treat men, and then we divide the money?
Machine translationRead the Arabic original
The questioner : I don't have a question of my own; this question is coming from Turkey.
The Shaykh : Where is it coming from?
The questioner : From Turkey. We have a Salafi brother there, one of the committed ones. I don't want to explain too much about the situation in Turkey. Abu Khalid, Muhammad Tahir, I told you about him regarding the studies.
The Shaykh: All right.
The questioner : He studied in the Faculty of Dentistry and graduated. He says that if he opens a clinic to treat women, treating women is forbidden. And if he does not treat them, he will have no clients; the situation is logically known. So he asked: Is it permissible for me to partner with another person in opening the clinic, where he treats women and I treat men, and we mix the money and then divide it into two shares? He said: If I am involved in treating women, I have committed a sin in the money he earned. So am I sinful or not if I partner in this way? The second point: If he works in a government hospital to gain clients, the salary he takes from the state—of course, the state is known—is it permissible for me to take half in my partnership? The third point: Is military service forbidden in Syria under its conditions, meaning the striking of Muslims and such, even though my father and mother insist that I return to Syria to do military service so that I may please their eyes by becoming a doctor beside them? Should I return to Syria to please my father and mother and do military service there, or should I pay the alternative fee? Which is lighter? Or should I leave all that, even if my father and mother are angry, and stay in Turkey in this state?
The Shaykh : A little like this; if you take the chairs, the women need to pass through. Take that side, yes, just that. Let us now take up the issues. You have three issues; let us take the first one. There is no difference between the doctor who treats women, the dentist who treats women or non-dentists, and another doctor who agrees with him that this other doctor treats women and the first treats men. This is a formal distinction with no value in the Shari'ah. Why? Because this partnership is based on not responding to the texts of the Shari'ah, among which is the saying of Allah the Exalted:[Al-Ma'idah 5:2] in sin, or you permitted your brother to commit sin. And whether this brother is your brother in lineage or in religion, there is absolutely no difference. Three scenarios: You are his brother in lineage, you are his brother in religion, you committed the sin just as if your brother committed it with your permission, whether your brother in lineage or your brother in religion. All of this contradicts the saying of the Lord of the Worlds: [Al-Ma'idah 5:2] and contradicts many texts that are like a detailed explanation of this noble verse, among which is His saying (peace and blessings be upon him): Sahih Muslim 1598. Yes.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : How are you, our Shaykh?
The Shaykh : Praise be to Allah for the good. How are you?
The questioner : May you be well, if Allah wills.
The Shaykh : Praise be to Allah for His goodness. How are you?
The questioner : News that did not please me reached me these days.
The Shaykh : Yes, in any case, we ask Allah to make all your days full of joy and happiness.
The questioner : O Allah, amen, and may your days be the same, our Shaykh.
The Shaykh : May Allah bless you, and the command of Allah is a decree that has been decreed.
The questioner : All is well.
The Shaykh : And the command of Allah is a decree that has been decreed.
The questioner : Praise be to Allah in all circumstances.
The Shaykh : Praise be to Allah. How are you?
The questioner : Are your affairs going well?
The Shaykh : Praise be to Allah for His goodness. How are you?
The questioner : And our brothers?
The Shaykh : Praise be to Allah, and how are you?
The questioner : I praise Allah for His grace, and I am well and in His blessing, our Shaykh.
The Shaykh : Praise be to Allah, may Allah bless you.
The questioner : And may Allah bless you all.
The Shaykh : And how is your work?
The questioner : By Allah, praise be to Allah, it is going well, if Allah wills. We ask Allah to bless it and to bless our times. May Allah benefit us with time in work, and praise be to Allah.
The Shaykh : That is a grace from Allah.
The questioner : We ask Allah to grant us the ability to thank Him.
The Shaykh : And we ask Allah to enable you to thank Him with the true thanks due to Him.
The questioner : O Allah, amen, O Allah, amen.
The Shaykh : And is your family well?
The questioner : I am well, and praise be to Allah.
The Shaykh : Praise be to Allah.
The questioner : We praise Allah for His grace, our Shaykh. Have any of your books been published recently, or are they close to being published?
The Shaykh : Yes, close to being published: "Sahih al-Adab al-Mufrad" by Imam al-Bukhari.
The questioner : What Allah willed.
The Shaykh: Yes.
The questioner : And the chain, something from the fifth volume of the weak ones, has it been published or not yet?
The Shaykh : It has not been published yet; it is in Beirut under printing.
The questioner : I ask Allah to make it easy.
The Shaykh : O Allah, amen.
The questioner : Praise be to Allah, our Shaykh. Are things normal and fine now?
The Shaykh : If Allah wills.
The questioner : Praise be to Allah, Lord of the Worlds. Good, may Allah bless you. Do you advise us of anything, our Shaykh?
The Shaykh : May you be safe, and peace be upon all the brothers who ask.
The questioner : May Allah bless you, may it be conveyed, if Allah wills.
The Shaykh : And our brother Sami sends his greetings to you.
The questioner: Yes.
The Shaykh : Our brother Sami al-Misri, do you know him?
The questioner : Yes, by Allah, greetings to you and—peace be upon him—is he still with you?
The Shaykh: Yes.
The questioner : And likewise, our Shaykh, please convey our greetings to al-Khatib.
The Shaykh : If Allah wills, tomorrow, if Allah wills, we will convey them to him.
The questioner : Good, peace be upon you and Allah's mercy and blessings.
The Shaykh : And upon you peace and Allah's mercy and blessings and His forgiveness. I think this concludes the first issue?
The questioner: Yes.
The Shaykh : Good, what was the second one?
The Shaykh : Where is it coming from?
The questioner : From Turkey. We have a Salafi brother there, one of the committed ones. I don't want to explain too much about the situation in Turkey. Abu Khalid, Muhammad Tahir, I told you about him regarding the studies.
The Shaykh: All right.
The questioner : He studied in the Faculty of Dentistry and graduated. He says that if he opens a clinic to treat women, treating women is forbidden. And if he does not treat them, he will have no clients; the situation is logically known. So he asked: Is it permissible for me to partner with another person in opening the clinic, where he treats women and I treat men, and we mix the money and then divide it into two shares? He said: If I am involved in treating women, I have committed a sin in the money he earned. So am I sinful or not if I partner in this way? The second point: If he works in a government hospital to gain clients, the salary he takes from the state—of course, the state is known—is it permissible for me to take half in my partnership? The third point: Is military service forbidden in Syria under its conditions, meaning the striking of Muslims and such, even though my father and mother insist that I return to Syria to do military service so that I may please their eyes by becoming a doctor beside them? Should I return to Syria to please my father and mother and do military service there, or should I pay the alternative fee? Which is lighter? Or should I leave all that, even if my father and mother are angry, and stay in Turkey in this state?
The Shaykh : A little like this; if you take the chairs, the women need to pass through. Take that side, yes, just that. Let us now take up the issues. You have three issues; let us take the first one. There is no difference between the doctor who treats women, the dentist who treats women or non-dentists, and another doctor who agrees with him that this other doctor treats women and the first treats men. This is a formal distinction with no value in the Shari'ah. Why? Because this partnership is based on not responding to the texts of the Shari'ah, among which is the saying of Allah the Exalted:
but do not cooperate in sin and aggression
وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِbut do not cooperate in sin and aggression
وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِAllah's Messenger (ﷺ) cursed the accepter of interest and its payer, and one who records it, and the two witnesses
لَعَنَ اللهُ آكلَ الربا ، وموكلَه ، وكاتبَه ، وشاهدَيهِThe questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : How are you, our Shaykh?
The Shaykh : Praise be to Allah for the good. How are you?
The questioner : May you be well, if Allah wills.
The Shaykh : Praise be to Allah for His goodness. How are you?
The questioner : News that did not please me reached me these days.
The Shaykh : Yes, in any case, we ask Allah to make all your days full of joy and happiness.
The questioner : O Allah, amen, and may your days be the same, our Shaykh.
The Shaykh : May Allah bless you, and the command of Allah is a decree that has been decreed.
The questioner : All is well.
The Shaykh : And the command of Allah is a decree that has been decreed.
The questioner : Praise be to Allah in all circumstances.
The Shaykh : Praise be to Allah. How are you?
The questioner : Are your affairs going well?
The Shaykh : Praise be to Allah for His goodness. How are you?
The questioner : And our brothers?
The Shaykh : Praise be to Allah, and how are you?
The questioner : I praise Allah for His grace, and I am well and in His blessing, our Shaykh.
The Shaykh : Praise be to Allah, may Allah bless you.
The questioner : And may Allah bless you all.
The Shaykh : And how is your work?
The questioner : By Allah, praise be to Allah, it is going well, if Allah wills. We ask Allah to bless it and to bless our times. May Allah benefit us with time in work, and praise be to Allah.
The Shaykh : That is a grace from Allah.
The questioner : We ask Allah to grant us the ability to thank Him.
The Shaykh : And we ask Allah to enable you to thank Him with the true thanks due to Him.
The questioner : O Allah, amen, O Allah, amen.
The Shaykh : And is your family well?
The questioner : I am well, and praise be to Allah.
The Shaykh : Praise be to Allah.
The questioner : We praise Allah for His grace, our Shaykh. Have any of your books been published recently, or are they close to being published?
The Shaykh : Yes, close to being published: "Sahih al-Adab al-Mufrad" by Imam al-Bukhari.
The questioner : What Allah willed.
The Shaykh: Yes.
The questioner : And the chain, something from the fifth volume of the weak ones, has it been published or not yet?
The Shaykh : It has not been published yet; it is in Beirut under printing.
The questioner : I ask Allah to make it easy.
The Shaykh : O Allah, amen.
The questioner : Praise be to Allah, our Shaykh. Are things normal and fine now?
The Shaykh : If Allah wills.
The questioner : Praise be to Allah, Lord of the Worlds. Good, may Allah bless you. Do you advise us of anything, our Shaykh?
The Shaykh : May you be safe, and peace be upon all the brothers who ask.
The questioner : May Allah bless you, may it be conveyed, if Allah wills.
The Shaykh : And our brother Sami sends his greetings to you.
The questioner: Yes.
The Shaykh : Our brother Sami al-Misri, do you know him?
The questioner : Yes, by Allah, greetings to you and—peace be upon him—is he still with you?
The Shaykh: Yes.
The questioner : And likewise, our Shaykh, please convey our greetings to al-Khatib.
The Shaykh : If Allah wills, tomorrow, if Allah wills, we will convey them to him.
The questioner : Good, peace be upon you and Allah's mercy and blessings.
The Shaykh : And upon you peace and Allah's mercy and blessings and His forgiveness. I think this concludes the first issue?
The questioner: Yes.
The Shaykh : Good, what was the second one?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.