distract or preoccupy. For example, if two men are making their way to the mosque and, while they are on their way, the call to prayer for Friday is given, and one of them gives the other a gift, it may be said in this case that it is valid, since no preoccupation or distraction has occurred. But this is something that requires further consideration. To say that it is valid despite Allah’s prohibition of trade is open to question.
“A sale of juice to someone who will make it into wine is invalid, as is the sale of a weapon during civil strife, or the sale of a Muslim slave to a disbeliever if he does not thereby become free, ……”
His words, “A sale of juice to someone who will make it into wine is invalid,” mean that it is invalid to sell juice to someone who will make it into wine. The evidence is Allah’s saying: “And do not cooperate in sin and transgression.” [al-Ma’idah 5:2]
If someone were to say, “How am I to know whether this man bought the juice to make it into wine or to drink it at present?”
We say: if it is most likely that he is among those people who buy juice in order to make it into wine, that is sufficient, and the sale becomes unlawful, because it falls under cooperating in sin and transgression, which Allah, Glorified and Exalted is He, has prohibited. Otherwise, the basic presumption is validity and the absence of prohibition.
His words, “or a weapon during civil strife”: likewise, it is invalid to sell a weapon during civil strife among Muslims. If discord and fighting arise among Muslims, and a man comes to buy a weapon, and it is most likely that he bought the weapon in order to fight Muslims, then selling it to him is unlawful.
If the owner of the weapon says, “Perhaps he bought it in order to hunt permissible game,” what is the response?
We say: we do not prohibit it unless it is most likely that he bought it in order to fight Muslims.