If he were to substitute grape juice instead, he would still be entitled to the wage. In Abū Ḥanīfa’s view this stipulation is therefore meaningless; it is equivalent to an unrestricted lease, and an unrestricted lease, according to him, is valid even when one is virtually certain that the lessee will disobey God by means of it. Just as he allows the sale of grape juice to a person who will ferment it into wine, he likewise permits such a lease. He did, however, deem it reprehensible to sell weapons during civil strife, saying: “Weapons are manufactured for combat and serve no other purpose.”
The vast majority of jurists disagreed with him on the first premise and said:
“The qualified contract is not the same as the unqualified. The benefit that forms the subject-matter of the contract is what is owed and what the payment is given for. If that benefit is unlawful, then the contract itself is unlawful, even though the lessee may substitute another benefit in its place. Consider the case of renting a house to turn it into a mosque: the lessor cannot compel the lessee to perform the agreed purpose, yet Abū Ḥanīfa himself invalidated such a lease on the ground that it entails performing the prayer, and prayer cannot be demanded under a lease contract.”
Our own companions, together with many other jurists, challenged him on the second premise and said:
“When it is predominantly assumed that the lessee will use the property for something forbidden, leasing it to him is forbidden; for the Messenger of Allah (peace and blessings be upon him) cursed the one who presses wine and the one for whom it is pressed. The presser in fact only squeezes grape juice, but if he knows that the customer intends to make wine from it and still presses it, he incurs the curse. This is an established principle in other contexts.”
Yet the sins of a dhimmī (4) fall into two categories:
- Those that the covenant of dhimmah requires us to tolerate; and
- Those that the same covenant requires us to prevent him from—or at least from (5) displaying openly.