Letting Out Premises To Be Used As A Food Outlet By A Non-Muslim

Question

I would like to know if it is permissible to rent out a premises to a non-Muslim for him to open a take away, with the condition that everything must be halaal. 

Answer

We understand from your query that you doubt whether your premises can be let out to a non-Muslim to run a take away or not as they sell Haraam food products. Generally, the take- aways that operate in our times do not only sell Haraam food products. There are many and various other Halaal items that are sold in the take-away as well, such as bread, milk, confectionery, airtime, etc., whilst at the same time they may be stocking certain Haraam food products as well.

The Fuqaha have stated that if more than 50% of the store’s income is from Halaal sources then it is permissible to lease out one’s premises to such a business. Notwithstanding the above, if the lessor leases out his premises with the condition that the lessee only sells Halaal food and the lessee accepts the condition, then too it is in order, as this will give him more peace of mind.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

Fataawa Mahmoodiyya pg.147 vol.25 

Fataawa Alamghiri pg.343 vol.5

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