Q) Akhi, can we use the story of Umar رضي الله عنه ( the Silk cloak that you mentioned in class today) as an evidence that it is permissible to give something that is Haram upon you to the polytheists? Because I have seen people who dump the Diwali and other festival gifts and sweets they receive, considering it to be a sin to give it to others( even disbelievers) since they are encouraging a sin.
Ans.
الحمد لله و الصلاة و السلام على رسول الله و على آله و أصحابه أجمعين.
There are two types of impermissible things basically:
1) Haram Li Dhatihi (Read as zatihi): I.e. Things that are Haram in and of itself in origin. Ex. Alcohol, pig meat etc.
2) Haram Li Ghairihi: Things that are not originally Haram, but Haram because of some cause (Haram element) connected to it. Ex. Gold isn’t Haram by itself- but for a Muslim man wearing gold is Haram. Also wealth from Haram sources of income.
So from the story of Umar ibn Al-Khattab (رضي الله عنه) which is in Sahih Al-Bukhari (2619), we see that Umar (رضي الله عنه) was gifted a cloak of silk by the Prophet ﷺ, but since it is something basically permissible and only Haram for Muslim men- Umar (رضي الله عنه) sent it to his non-Muslim brother, since it’s not prohibited to sell something permissible or gift something permissible to a non-Muslim.
Narrated Ibn `Umar:
`Umar saw a silken cloak over a man for sale and requested the Prophet (ﷺ) to buy it in order to wear it on Fridays and while meeting delegates. The Prophet (ﷺ) said, “This is worn by the one who will have no share in the Hereafter.” Later on Allah’s Messenger (ﷺ) got some silken cloaks similar to that one, and he sent one to `Umar. `Umar said to the Prophet (ﷺ) “How can I wear it, while you said about it what you said?” The Prophet (ﷺ) said, “I have not given it to you to wear, but to sell or to give to someone else.” So, `Umar sent it to his brother at Mecca before he embraced Islam. (Al-Bukhari 2619)
But, in the case of Alcohol, it is Haram by itself and thus its sale or gifting to a Non-Muslim is also Haram, as it is included in encouraging a vice.
In The Quran:
“Help you one another in Al-Birr & At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allah, verily Allah is Severe in punishment”. (Al-Maidah 5:2).
From the Hadith:
Abd al-Rahman bin Wa’ala as-Saba’i (who was an Egyptian) asked ‘Abdullah b. Abbas; (Allah be pleased with them) about that which is extracted from the grapes, whereupon he said:
Thus, we know that sweets are permissible by themselves, but we do not eat them and deem them impermissible to consume because they were given on the celebration of a pagan festival. Hence they are in the category of Haram Li Ghairihi. So what is correct is that we can gift those Diwali sweets, to some non-Muslim.
And Allah knows the best.
-Abu Muaaz Mohammed Manna.
Saheehus-Seerah 