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Re-Gifting Ḥarām Items To Non-Muslim Friends and Relatives – Ask Shaykh YQ #168

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Yasir Qadhi

Channel: Yasir Qadhi

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Next question, brother Nicolas from Geneva. Marshall that's about a colon. By the way, just so happened that I think all the questions today, except for the first one of California are from overseas, brother Nicolas from Geneva, Switzerland emails and says that he has converted to Islam, and that he watches our shows regularly for my channel. And may Allah bless you and hamdulillah very happy that you're watching all the way from Geneva. And his question is that he is working in a company in a particular position sales or whatever, where it is the custom that he is gifted from his company or other companies, he is gifted lots of gift items. And as a part of his position,

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sometimes he is gifted things that are out on such as sausage or such as wine. And he says that, you know, he is a convert, so he has plenty of, you know, non Muslim friends, even siblings, can he pass those out on merchandise on to them without any selling, but just simply give it to them to benefit from because he is not going to to take partake of that.

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One?

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out of seven.

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Poverty in Region. No, he him first blue, Lake Erie.

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Brother Nicolas, you asked a very good question. This is supposed to be rapid round at the same time. This is a question that is a bit technical, believe it or not. And there are two opinions on this issue amongst the classical odema amongst the early metalhead. And so just FYI, very quickly, I'll try to summarize them. The issue comes really it's a very technical issue. And that is that our non Muslims are also obliged to follow the laws of the Sharia, or are they exempt from the laws of the Sharia right? In other words, are they going to be punished for not obeying the laws of the Sharia? In which case, then there is no way that you can help them in that punishment? Or are they

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absolved from the minutiae they are not local left is the technical term by the laws of the shediac. Okay, so this is the solely controversy that goes back to early Islam. And the majority position, the shaffir is called the humblest school in the Maliki school, they say that non Muslims are indeed obligated to follow the details of the law. And therefore, generally speaking, they would say that it is not allowed in any way fashion or form for any Muslim to in any, you know, means, make it convenient for the non Muslim to do something that will be held on in our own Sharia. And there is no question that that is the better and the safer opinion. The other school of law, the Hanafi

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school, they said that non Muslims are not obliged to follow the minutiae of our shediac they're not obliged to follow the details of the law. And therefore, they are a bit more lacks in some of these areas of allowing Muslim non Muslims to benefit from that which might be how long for us now, as for the majority opinion, again, there's lots of audiences for this, Allah says in the Quran, well, I try to highlight it near the road when you do not cooperate together, to do any sin or to any unjust injustice, and if it is a sin for us is to sin for others, so we should not cooperate. So that position would be that we should simply destroy the wine and throw away you know, the sausage or

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pork and you know, get rid of the silk, whatever it might be, and do nothing of this regard. And our Prophet sallallahu alayhi wa sallam said, in the light Allah how to Rama Bay Allah, how many will make that you will consider with Islam, Allah has forbidden the selling of alcohol and of dead animals and of pig and idols. Now, your question was not about selling your question was about simply passing it on. And the point being that the majority would argue that just like we're not allowed to sell and get the money so to we would not be allowed to gift it that was that's what they would say that we're not allowed to sell. We're not out to gift as well. And in fact, there is an

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authentic hadith in this regard reported in a mama who is Muslim and others that are different, even a bus that a man Believe it or not, this is a shocking Hadith to most Muslims when they hear it. A man gifted the prophets of the law while he was sending them a sealed canister of alcohol Hummer. The Prophet sallallahu Sallam said, Do you not know that Allah has made it How long? The man said no, he was a new Muslim. Okay, he was a new Muslim. He didn't know any better coming from whatever his long faraway place and he wants to give something expensive.

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So he brings a bottle of wine right to her and you call Buddha and even not a bottle, not a glass, obviously, but you know, a canister of wine. Can you believe, you know, somebody's gift to the Prophet system, you know, canister of wine, because he didn't know any better the man didn't know. So the first thing the president said, Do you know that it is wrong? Do you not know? And then I said, No, I didn't. So he's forgiven, because he doesn't know any better Now, another man whispered in his ear, something the President said, What did you whisper to him? And the man said, I told him that, you know, he cannot give to too but if you should, you should sell it right. In other words,

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the other the second man, whoever he was, we don't know his name. He's basically trying to get him out of an awkward situation and saying, look, take your gift back and just go sell it. Our Prophet sallallahu alayhi wa sallam said, When Allah has forbidden, its drinking, he has forbidden, it's selling as well. Okay, beautiful Hadith, the same being who made the drinking of it, how long has made the selling of it? How long? Okay, and so when the man heard this, he took the bottle, opened it up and just poured it into the street. Okay, Carlos, I'm not gonna have anything to do with this. And there is no question to your brother, that that is the default and the better and the pure of

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the ruling, just get rid of it, do not do anything with it. That having been said do realize there is

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the dissenting method out there and is the Hanafi madhhab. And they actually do have you know, some evidence for this. And for example, in the famous Hadith in Sahih, Muslim that our Prophet sallallahu alayhi wasallam gifted or motorable, hottub silk. And he's Omar said, I mean, how can you work your ruler, he said, I didn't give it to you to where it's not meant for you to wear. So Omar could have gifted it to his wives. Instead, he decided to gift it to his machinic brother in Makkah, this hadith in Bukhari and Muslim Okay. Now, this Hadeeth

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has been interpreted in many different ways, but it is it is clear to many scholars that or whatever Maha pop understood, I can't wear silk, but my brother's a non Muslim, he can wear silk. So, I might as well gift it to him. So, he gifted it to his brother as a non Muslim. And even Tamia also remarked that it is permissible to gift silk to a non Muslim even if the Muslim himself cannot wear it. So, based upon this, they derived that the the non Muslim is not obliged to follow the details of the shady. And so, some scholars would have allowed you or would allow you to pass on the material that is not allowed for you to non Muslims, and of the evidences are mentioned as well is

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in the in the early book of avoidable costs in Islam, the book of and was the book of money, where he has an interesting narration that honorable hapa was collecting the the hot rod which is a type of special tax that is collected from the non Muslims. And they gave him a pig. And they gave him wine, they had a lot of merchandise. And so these getting the Hot Rod, which is a type of tax, I mean, again, not taxed at the taxation system of earliest Islamic Sharia is very different. But there's something let's for our sake, call it a type of tax, let's just call it for our sake. And so they gave him bottles of wine and pork, you know, so that's what they had. And they gave him as the

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state to collect taxes. So the person in charge came back to him and said, they gave this meal What do I do now? I mean, this is Hummer and this is pig. So the modem, Bob said go back and tell them to sell the wine and the pork and then give us the money. Okay, now here if a Muslim had given wine and pork, right, nobody's gonna say go sell it and then give us the money. It's how long for the Muslim to do but oh my god Allah one. Yeah. And he basically said to you know, that community that halal we cannot accept that, but you guys do it. And so he benefited you know, from the the monetary for the, you know, the Treasury, but he didn't take the actual substances. And again, the point being here

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once again, that non Muslims can do what we cannot do and we're allowed to just you know, not you know, in basically facility where they told them do this and then they did it right. And even taymiyah remarks on this incident that will have a certain number of the law one will have a mental image and this is well known and it is confirmed for what, and it is the position of the famous scholars. Okay. So based on you know, these types of, of narrations, one group of scholars, did it say, And oh, by the way, there's another argument that is used, which is an interesting argument, and that is that

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a Muslim man married to a kitabi lady, a Jewish or Christian lady, that it is understood that the

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lady was going to go shopping with his money and it is understood that she's going to purchase things that are held on for him but held out for her. And especially in early Christianity and the Catholic Church to our days they drink wine as a part of their rituals, right? And therefore, this group of erla argued that you know, the husband's does not is not able to stop his wife that's her right that she's going to have wine even in the house and she's going to be drinking for her rituals and when even is allowed for her to drink otherwise meaning from her [???]ty our perspective, right? Not in our shed, and it would not and and again, there is a gray area, like some of the scholars are

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stricter, and they would say that she should not buy from his money and she should buy from and there are opinions even this and then the counter response is, Well no, if he's the husband, then he has to maintain her basic daily routine. And if her Christian ritual state that she must drink you know, that copy because again, the Christian rituals, the Catholic rituals, they do have the consecration of the wine So again, this is a gray area and one group of scholars did say that you know, the, the Christian lady is going to or the Jewish lady is going to be purchasing how wrong under the the umbrella of the husband literally using the credit card of the husband metaphorically

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and so this indicates that non Muslims you know, we can basically turn the other way and if you follow that paradigm, then that group of scholars would say that you can just pass on the stuff you know, and

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you don't have to you're not allowed to obviously eat or drink of anything that is haram or anything wrong, but if you give it to others of the non Muslims,

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the your your siblings or your roommates for example, now, what I would advise you to do is definitely follow the majority position and get rid of it. That having been said if you have like roommates for example, and in here also by the way, my position is that you cannot compare silk with pork with alcohol. These are three separate you know, levels of of Herbalife, you like to heading three separate levels of evil and the evils of alcohol are the worst. And there is no question that you should not in my opinion, this is the least that can be said, it is strongly discouraged, if not outright haraam, which I'm very sympathetic to the majority position that you cannot give somebody

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alcohol, right? However, silk, the level of edema of silk is not the same. And so Omar gifting his brother silk, right? It indicates that you know, silk is something much easier to deal with, right? And as for pork, it is in between the two, if your roommate, you know, sees it and eats it and he knows you don't you're not going to eat it, you know? Yeah. And he Okay, you didn't you know, push the plate in his direction or you turn a blind eye inshallah, then I can see where you're coming from in that regard. But definitely dearest brother, when it comes to alcohol, simply get rid of it, you know, pour it down, do not aid other people in the drinking of alcohol in any way, fashion or

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form. Definitely, that is something that should be avoided because Allah has cursed Hummer and everything to do with Hummer. So we don't want to get involved with that whatsoever and ask for the other items that you get that are not alcohol. Yeah, and it is much easier to follow an Omani position if you get my drift here or the Ola one and if you were to follow the majority, it is safer for you and Eliza which knows best