I am living in a foreign land and I have a small restaurant. I see some Muslims who are not fasting – and there are many of them – who want to eat in my restaurant during the noon hour. What is the ruling on selling food to these people who are not fasting, and selling food to non-Muslims?.


Praise be to Allaah.

Firstly: 

In many
answers on this site we have mentioned the warning against settling in
kaafir countries, because of the danger that that poses to a man’s religious
commitment and that of his family too. The man cannot give his family the
Islamic upbringing that he wants. Work is no excuse for a Muslim to live in
those countries. See the answer to questions no.
38284 and
13363. 

Secondly: 

With regard
to your question, you should note that it is not permissible for you to
offer food to anyone to eat during the day in Ramadaan, unless he has an
excuse that allows him not to fast, such as one who is sick or is
travelling. There is no differentiation between Muslims and kaafirs in this
matter. The Muslim who is not fasting is commanded to fast, so he is sinning
by not fasting. Enabling him to eat and drink during the day in Ramadaan is
helping him in sin and transgression. The command to fast and all other
rulings are also addressed to the kaafir, but before that he is required to
utter the Shahaadatayn (the twin declaration of faith) and enter Islam. On
the Day of Resurrection the kaafir will be punished for his kufr and for the
laws of Islam that he did not follow, so his punishment in Hell will be
increased. 

Al-Nawawi
(may Allaah have mercy on him) said: 

The correct
view which is followed by the majority is that the minor issues of sharee’ah
are addressed to the kuffaar, and silk is haraam for them as it is haraam
for Muslim men. End quote. 

Sharh
Muslim, 14/39. 

Shaykh
Muhammad al-Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked: 

How will the
kaafir be brought to account on the Day of Resurrection when he is not
required to follow the obligations of Islam? 

He replied: 

This
question is based on a misconception. The same is required of the kaafir as
is required of the believer, but he is not to be compelled to follow it in
this world. The fact that it is required of him is indicated by the passage
in which Allaah says (interpretation of the meaning): 

“Except
those on the Right (i.e. the pious true believers of Islamic Monotheism).

40. In
Gardens (Paradise) they will ask one another,

41. About
Al‑Mujrimoon (polytheists, criminals, disbelievers) (and they will say to
them):

42. ‘What
has caused you to enter Hell?’

43. They
will say: ‘We were not of those who used to offer the Salaah (prayers),

44. ‘Nor
we used to feed Al‑Miskeen (the poor);

45. ‘And
we used to talk falsehood (all that which Allaah hated) with vain talkers.

46. ‘And
we used to belie the Day of Recompense”


[al-Muddaththir 74:39-46] 

If they were
not being punished for not praying and not feeding the poor, they would not
have mentioned that, because there would be no point in mentioning it in
this situation. This indicates that they are being punished for not doing
the minor issues enjoined by Islam. As this is implied by the texts, it is
also implied by reasoning. If Allaah will punish His believing slave for
what he failed to do of religious duties, how can He not punish the kaafir?
Moreover, the kaafir will be punished for all the blessings that Allaah
bestowed upon him of food and drink etc. Allaah says (interpretation of the
meaning): 

“Those
who believe and do righteous good deeds, there is no sin on them for what
they ate (in the past), if they fear Allaah (by keeping away from His
forbidden things), and believe and do righteous good deeds, and again fear
Allaah and believe, and once again fear Allaah and do good deeds with Ihsaan
(perfection). And Allaah loves the good‑doers”


[al-Maa’idah 5:93] 

The apparent
meaning of the verse is that there is no sin on the believers for what they
have eaten. What this implies is that there is sin on the kuffaar for what
they have eaten. End quote. 

Majmoo’
Fataawa al-Shaykh Ibn ‘Uthaymeen (2/question no.
164). 

Based on
this, it is not permissible for a Muslim to offer food to a non-Muslim
during the day in Ramadaan, because the minor issues of sharee’ah are
addressed to the kuffaar too. 

In
Nihaayat al-Muhtaaj (5/274) it says that the scholars regarded it as
haraam to sell food to the kuffaar during the day in Ramadaan. See also the
answer to question no. 49694. 

And Allaah knows best.