Ruling on selling groceries during the day in Ramadan

Praise
be to Allah

It is possible
to divide items sold in shops and grocery stores into two categories, with a
different ruling for each category.

The first
category:

This includes
foods that it is thought most likely that the purchaser will eat as soon as
he buys them, based on the type of food and the need for it, such as frozen
items like ice cream, juice, cold drinks, and hot drinks in cups that are
usually consumed at the time of purchase, or sweets that are made to be
eaten straightaway, and similar kinds of food. It is not permissible for the
Muslim to sell such items during the day in Ramadan, because it is thought
most likely that the purchaser will transgress the sanctity of the sacred
month by consuming them, whether he is a Muslim or not. The minor issues of
sharee‘ah are addressed to all people, and for all people it is not
permissible to cooperate in sin and transgression, as Allah, may He be
exalted, says (interpretation of the meaning):

“Help you one
another in Al-Birr and 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-Maa’idah
5:2].

Imam ar-Ramli
ash-Shaafa‘i (may Allah have mercy on him) said:

… A similar case
is a Muslim who is accountable feeding a disbeliever who is accountable
during the day in Ramadan, or selling him food when he knows or thinks it
most likely that he will eat it during the day, as my father (may Allah have
mercy on him) mentioned in his fatwa. That is because all of that may be a
cause of sin or helping another person to sin, based on the fact that the
minor issues of sharee‘ah are also addressed to the disbelievers, which is
the view that is most likely to be correct.

End quote from
Nihaayat al-Muhtaaj (3/471)

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) said:

It is not
permissible to open restaurants during the day in Ramadan, even if that is
to serve disbelievers – and of course it is not permissible to do that for
Muslims. Whoever among you sees a restaurant owner opening his restaurant
during the day in Ramadan must inform the authorities of that so that they
can stop him. No disbeliever should be allowed to eat or drink openly during
the day in Ramadan in Muslim countries; they should be prevented from doing
that.

End quote from
al-Liqaa’ ash-Shahri (8/4)

In Fataawa
al-Lajnah ad-Daa’imah (36/2-9) it says:

It is not
permissible to open a restaurant during the day in Ramadan for disbelievers,
or to serve them in the restaurant, because this is a serious transgression
of sharee‘ah, and comes under the heading of helping them in that which
Allah has prohibited. It is well-known according to Islamic teachings that
both the fundamental and minor issues of sharee‘ah are addressed to the
disbelievers; there is no doubt that the fast of Ramadan is one of the
pillars of Islam, and that what they should do is observe that, after
fulfilling the necessary condition, which is entering Islam. So it is not
permissible for a Muslim to help them in refraining from doing what Allah
has enjoined upon them. Likewise, it is not permissible for a Muslim to
serve them in any way that is humiliating for the Muslim, such as serving
them food and the like. Disbelievers who come to Muslim countries should be
compelled not to do anything that is contrary to the laws of Islam and
causes annoyance to the Muslims and upsets them. Hence it is essential to
close the restaurant in the company mentioned during the day in Ramadan. End
quote.

Shaykh ‘Abd al-‘Azeez
ibn ‘Abdillah ibn Baaz, Shaykh ‘Abdullah ibn Ghadyaan, Shaykh Saalih al-Fawzaan, 
Shaykh ‘Abd al-‘Azeez Aal ash-Shaykh, Shaykh Bakr Abu Zayd.

The ruling on
this category has been explained previously in the answers to questions no.
78494, 49694.

The second
category:

This includes
food and drink concerning which the seller cannot know when the purchaser
will consume them, whether it will be during the day or at night, such as
canned goods, wrapped sweets, bread and all other grocery items such as
olive oil, rice and so on, which form the majority of goods sold in stores,
as far as we know. In this case, there is nothing wrong with the Muslim
selling them during the day in Ramadan, and there is no sin on him for doing
so. Even if he thinks it most likely that the purchaser is not fasting,
because he is a non-Muslim or because he is a Muslim who is not fully
committed to his faith, he does not know about what the purchaser will do
with the things he buys. He may use them straight away, or he may not use
them until later on, and they may expire and he may not benefit from them.

Moreover, there
is no regular practice or usual way of using these purchased items, and no
one has the ability to determine whether most people are buying them to eat
them during the day or during the night, so this matter is open-ended.

In that case,
the basic principle, that it is permissible to sell them, undoubtedly
remains in effect, and it is not included in the prohibition on cooperating
in sin and transgression, because no one can know for certain that these
things will be used in a sinful and wrong manner. The basic principle is
that it is permissible to sell them, and it is not permissible to move from
that principle unless there is a good and convincing reason to do so.

You will find
this condition referred to in what ar-Ramli said:

… Similarly,
when he sells food, he knows or thinks it most likely that it will be
consumed during the day…

With regard to
the second category, the assumption is that the seller does not know and
does not think it most likely that the purchaser will consume the food
during the day in Ramadan, so the reason for the prohibition is not
applicable; rather the ruling remains in effect that selling these products
is permissible. The same applies in every transaction in which there is
doubt about how the purchaser will use the item.

As ar-Ramli (may
Allah have mercy on him) said:

Whoever says
that the majority of scholars say that it is permissible in this case – but
it is still makrooh – it is to be understood as referring to cases where
there is still some doubt about the way in which the purchaser will use it.

End quote from
Mughni al-Muhtaaj (3/471).

The majority of
scholars who said that it is permissible to sell in such cases meant that it
is permissible to sell if the seller is not sure and does not know the
intention of the purchaser in purchasing that item.

Islamic
teachings do not put people through hardship and do not enjoin on them that
which they cannot bear. Expecting the seller to check on the intention of
every purchaser comes under the heading of hardship and difficulty, as is
quite clear, and is making life difficult for Muslims, and Allah, may He be
glorified and exalted, does not want that, as He, may He be glorified, says
(interpretation of the meaning):

“On
no soul does Allah place a burden greater than it can bear. He gets reward
for that (good) which he has earned, and he is punished for that (evil)
which he has earned”

[al-Baqarah
2:286]

“Allah
intends for you ease, and He does not want to make things difficult for you”

[al-Baqarah
2:185].

This second
category cannot be compared to the prohibition on selling grapes to one who
will press them and turn them into wine, because drinking wine is prohibited
in all situations (in Ramadan and otherwise), and it is possible for the
seller of grapes to think it likely that a particular purchaser will use
what he buys in a sinful manner. As for the one who sells food during the
day in Ramadan, it is not possible for him to think it most likely that a
purchaser will use what he buys in a sinful manner.

And Allah knows
best.