4.
In my school i have a friend who has converted to islam (hamdulliah)
and he is not practising. the question is that he somtimes offers to
give me food which is halal from his home and he offers me to take
some but i refuse because i know and he knows that this money came
from haram money. his dad gambels and sells pork. my qurstion is is it
ok for me to take this food like for e.g. chocolate he gives me from
his dad money ornot.
Praise be to Allaah.
The fuqaha' differed concerning the ruling on interacting with a
person whose wealth is a mixtureof halaal and haraam when it comes to
buying and selling, accepting gifts,eating food, and so on. There are
several opinions,the strongest of which are two:
1.
The first opinion is that it is not haraam to accept gifts from him
and to interact with him; rather itis makrooh. This is the view of the
Shaafa'i and Hanbali madhhabs, and was favoured by Ibn al-Qaasim among
the Maalikis.
An-Nawawi (may Allah have mercy on him) said:
If the purchaser's wealth isa mixture of halaal and haraam, and he
(the seller)does not know where the money he is paying came from, it
is not haraam for the person to whom it is given. But it is better not
to take it. This idea is emphasised to a greater or lesser extent
dependingon the proportion of haraam in the purchaser's money.
End quote from al-Majmoo', 9/344
Ibn Qudaamah (may Allah have mercy on him) said:
If a person buys from someone whose wealth is a mixture of halaal and
haraam, such as an unjust ruler or one who deals with riba (usury), if
he knows that the item for sale comes from the halaalportion of his
wealth, thenit is halaal; if he knows that it is haraam, then it is
haraam, and what the seller says should not be taken as the basis for
the ruling. In principle, whatever a man has is his,so if one does not
know whether the item he is buying is from the halaal or haraam
portion of his wealth, then we regard it as makrooh, because of the
possibility that it may be haraam, but the transaction is not regarded
as invalid, because of the possibility that it may be halaal, whether
the haraam portion is great or small. This is the cause of the doubt
concerning the ruling, and this doubt is commensurate with the portion
of haraam involved; the greater or lesser the portion of haraam, the
greater or lesser the doubt is. Ahmadsaid: I do not like him to eat
from it (food the source of which is not known).
End quote from al-Mughni,4/201
See also: ash-Sharh al-Kabeer, 3/277
2.
The second opinion is to look at what forms the greater portion of his
wealth. If the greater portion of his wealth is halaal, it is
permissible to deal with him, but if the greater portion of his wealth
is haraam, then it is not permissible. This is the view of the Hanafis
and Maalikis.
Ibn Nujaym (may Allah have mercy on him) said:
If the greater portion of the giver's wealth is halaal, then there is
nothing wrong with accepting his gift and consuming his wealth, so
long as it is not clear that it is from the haraam portion thereof. If
the greater portion of his wealth is haraam, he should not accept his
gift or consume his wealth, unless he says that it is halaal, and he
inherited it or borrowed it.
End quote from al-Ashbaah wa'n-Nazaa'ir, p. 96
Some of the scholars are of the view that it is haraam to deal with
someone whose wealth is a mixture of halaal and haraam. This was the
viewof Asbagh among the Maalikis.
But Ibn Rushd said: The opinion of Asbagh is extreme.
End quote from al-Bayaan wa't-Tahseel, 18/194
The more correct view is that it is permissible to deal with him and
to accept his gifts.
This is the opinion that is regarded as most correct by most
contemporary scholars.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
It is proven from the Messenger of Allah (blessings and peace of Allah
be upon him) that heaccepted a gift from a Jewish woman when she gave
him a (roasted) sheep during the campaign to Khaybar; the Prophet
(blessings and peace of Allah be upon him) accepted the invitation of
the Jewish man in Madinah who invited him to eat barley bread and fat.
And he dealt with the Jews,
:->
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(Surah Al-Baqarah ,verse 201)
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