Q: I came across a fatwa regarding renting out ones premises to someone who will be conducting a haraam business such as a bar or a bank being haraam as Allah says do not help one another in sin.
A brother sent me another fatwa from islamqa.org where they say its permissible as per Abu Hanifa (rahimahullah) as the sin of haraam is on them. So is it a valid difference of opinion and can I choose the one that suits me?
They say that non Muslims can trade in alcohol or interest amongst themselves so the ayah is referring to not supporting others in sin between Muslims only as there is no birr and taqwa for non Muslims. And since someones sin cannot be transferred to you then you are not responsible for what they do. Same as non-Muslim renting a house and you are not responsible for what sins they commit in the house. So can I just pick the one that suits me?
A: It is not permissible for one to rent out his premises to someone who wishes to conduct a haraam business on the premises. If one does so, one will be aiding in sin. There is no difference between one renting out his premises to a Muslim or a non-Muslim who intends conducting a haraam business on the premises. In both cases, one will be sinful.
This is different to the case where one leases out his house to a non-Muslim for the purpose of residing in it, and while residing in the home, he drinks wine or worships his idols. Since the purpose for leasing out his house to the non-Muslim was to reside in it, and this is permissible, the non-Muslim drinking wine or worshipping his idols in the house will not affect the validity of the contract as the contract was based on something permissible.
And Allah Ta'ala (الله تعالى) knows best.
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