Selling what is
forbidden

Q591 :If you happen to own articles which are not
permissible or desirable for Muslims to use, such as gold watches, silk
clothes, valuable sculptures, video films, paintings, cameras, etc., is
it permissible to sell them to non-Muslims? Should the price of such
articles be given to charity? Furthermore, what should we do with
cinema houses, night clubs and similar buildings if we happen to own
them? A friend of mine sold his cigarette plant to another Muslim
investor. How is his action viewed?


A591 : Let me start by quoting you this authentic
Hadith related by Al-Bukhari, Muslim and others. Abdullah ibn Umar
reports that his father, Umar ibn Al-Khattab once saw a striped suit
being sold. He said to the Prophet: “Messenger of Allah, you may wish
to buy this suit to wear on Fridays or to receive delegations.” The
Prophet answered: “Such a suit is only worn by a person who has no
share in the hereafter.” Later the Prophet was sent a number of suits
of the same type, and he sent one of them to Umar. He went to the
Prophet and asked him: “How could I wear this when you have said about
it what you did?” The Prophet said: “I have not given it to you to
wear, but to sell it or to give as a gift.” Umar sent it to a relative
of his in Makkah before the latter adopted Islam. Perhaps, it should
be explained that the suit in question was made of silk or, at least
there was a substantial portion of silk in it. That was the reason for
the description by the Prophet of those who wear such a suit. It is
well known that Muslim men are not allowed to wear silk. The Hadith
serves to explain that it is perfectly permissible to sell silk,
although it is forbidden for Muslim men to use. The point is that
whatever is permissible to use is permissible to sell. Muslim women may
wear garments made of silk, and make other uses of silk material. The
Prophet told Umar that although he may not wear that suit, he is free
to sell it or to give it as a gift to a non-Muslim. There are certain
articles which are forbidden to sell, such as pigs, the flesh of an
animal which died by natural causes, blood (other than for
transfusion), wines and intoxicants. It is also not permissible to sell
articles when we know that the buyer wants to use them for something
forbidden. Having explained that, may I look at your list of
articles. What applies to silk, as in the Hadith quoted above, is
equally applicable to gold watches and jewelry. Sculpture is forbidden
in Islam, because it is associated with pagan idolatry. It is perfectly
permissible to sell a camera and decent paintings or films. If
someone happens to own a night club or a cinema or a similar place and
he wants to lead a more acceptable type of life, he can convert them
into a more legitimate use. If he has a night club which is the scene
of forbidden activities, it is not lawful to sell it to someone who

will continue to use it for the same sort of activities, even if he is
not a Muslim. If one does not have the necessary capital to convert it
to, say, offices or residential apartments, he may be able to sell it
to someone who will do such a conversion. He may persuade the municipal
council to convert it to a public library or a school [or a netmunity
hall] or a place of any other permissible activity. As for the case of
your friend who sold the cigarette plant, I am afraid that his action
cannot be sanctioned by Islam. What he should have done is to convert
the plant to producing something legitimate. As you are probably aware,
an ever increasing number of scholars are pronouncing a verdict of
total prohibition on cigarettes and all types of tobacco smoking or
chewing, now that it has benete established beyond any shadow of doubt
that tobacco causes considerable damage to the health of the smoker and
those around him. Those machines in the plant which could have no other
use may have been dismantled so as to use any useful parts which could
have a legitimate usage. It is unacceptable from the Islamic point of
view to sell a cigarette factory to someone who will continue to
produce cigarettes. Health authorities in almost all countries are
running campaigns to increase people’s awareness of the harmful effects
of smoking. How could it be permissible, then, for a Muslim to continue
to produce such a harmful product? On the other hand, if a Muslim owns
a tobacco plantation or a field which he uses for growing tobacco, he
should immediately stop this activity and use the land for growing a
wholesome product. It is sad to see fertile lands in poor countries
used for growing tobacco when they can very easily be used to grow
crops or fruits. In the first case, the land is used to damage health
while in the latter the land can be used to reduce poverty and hunger.


Our Dialogue ( Source : Arab News – Jeddah )