Selling Pork and Haram Meat at our Restaurant
Question:
I have a question to ask. I know it is haram to sell alcohol. I own a restaurant and have not got a liquor licence because it would be haraam.
I was wondering because of my business, if it is also haram to sell pork and
Non-halaal food. Like beef that hasn’t been slaughtered the way it should be
Islamically. Can you please answer this question and give your reasoning and proof for your answer.
Answer:
One of the conditions in order for a sale to be considered Islamicaly valid is that, it must be lawful from a Shariah point of view to derive benefit from the object of sale (mabi’).
It is stated in the Ottoman courts Hanafi Fiqh Manual, al-Majallah al-Ahkam al-Adaliyya:
“Chapter 2: The subject matter of the sale,
Article 199: The thing sold must be property of some specific value (according to Shariah) (p. 96, with the commentary of Salim Rustam Baz)
Imam Ibn Nujaym (Allah have mercy on him) also stated the same in his al-Bahr:
“The sale of something that does not hold a value (according to Shariah) will be void….such as the sale of a dead animal, blood, animal slaughtered by a fire-worshipper, etc…” (al-Bahr al-Ra’iq, 5/280)
Thus, due to the fact that swine does not hold any value according to Shariah, ant it is considered to be unlawful and completely filthy (najis), it is prohibited to sell and purchase it.
Sayyiduna Jabir ibn Abd Allah (Allah be pleased with him) narrates that he heard the Messenger of Allah (Allah bless him & give him peace) in the year of the Conquest of Mecca (fath al-Makka), saying, “Verily, Allah and His Messenger have prohibited the sale of alcohol, dead animals, swine and idols.” (Sahih al-Bukhari, no. 2121)
Imam al-Quduri (Allah have mercy on him) states in his al-Mukhtasar/al-Kitab:
“If one or both of the subject matter of sale are unlawful (haram), then the transaction will become invalid (fasid), such as selling a dead animal (unlawfully slaughtered), blood, wine or pork.” (See: al-Lubab fi sharh al-Kitab, 1/211)
Also, the legal maxim (qa’idah) is:
“Anything Haram to use by oneself is Haram to give to another.” (See: Ibn Nujaym, al-Ashbah and al-Majalla)
Thus, in light of the above, it is undoubtedly unlawful (haram) to sell pork even to non-Muslims, for a swine is considered to be completely unlawful, and it is not permissible to derive any type of benefit from it. The income acquired by selling pork would be filthy and must be disposed of in a lawful manner.
And Allah knows best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK