Is it permissible to sell grapes to a factory where alcoholic drinks are produced?

- We are engaged in agriculture. We grow grapes. There is a grape factory near our village. This factory uses grapes to make vinegar, serum, fruit juice, molasses and alcoholic drinks; I do not know the rate of the alcoholic drinks.

- Is all the money we earn from the grapes that we sell to that factory haram?

- If most or all of the grapes are used to make alcoholic drinks, is the money we earn halal? Is there a rate for being haram or halal?

Dear Brother / Sister,

In principle, it is permissible to produce and sell something that is permissible to eat, drink or use in Islam. The production and sale of grapes is religiously permissible. However, Islamic scholars have put forward two views regarding the sale of something that is religiously permissible (e.g., grapes) as raw materials to a person who is known to transform it into haram or abuse it (e.g., an alcoholic drink factory). The issue is generally dealt with the examples of grapes and must in the relevant sources. According to Abu Hanifa, there is no harm in selling grapes or must to someone who is known to make wine because grapes and grape juice are clean and halal; it is permissible to sell them and use their money. The seller does not have bad intentions. He just wants to sell his property and get his money. The buyer's intention is bad; he wants to make wine from the grapes and must he buys. (Zaylai, Tabyinul-Haqaiq, VI, 28; Fatawa al-Hindiyya, III, 110). As it is expressed in the Quran,

 “No bearer of burdens can bear the burden of another.” (az-Zumar, 39/7)

As a matter of fact, it is permissible to sell grapevine to a person who will make wine from the grapes and a piece of land to a person who will plant grapevines to produce wine.

Although that is Abu Hanifa's view based on qiyas / logic of general law, his two students, Imam Abu Yusuf and Imam Muhammad, regard such sales as makruh because of a more important content and reason that requires abandoning qiyas (analogy) that seems to fit the situation. It is because selling grapes or must to someone who will transform it into wine means providing support and opportunity for a sin. In that case, selling grapes to a winemaker will cause an increase in wine production and consumption; not selling them to him will prevent it. (Sarakhsi, al-Mabsut, XXIV, 49)

According to Shafii, Maliki and Hanbali madhhabs, it is haram to sell grapes or must to anyone who is known to produce wine from them because such a sale means helping and supporting the production of something that Allah has forbidden such as wine. As a matter of fact, God Almighty states the following in a verse:

“Help ye one another in righteousness and piety, but help ye not one another in sin and rancor.” (al-Maida, 5/2)

(Shirbini, Mughnil-Muhtaj, II, 37, 38; Ibn Rushd al-Jadd, al-Bayan wat-Tahsil, IX, 394-395; Ibn Qudama, al-Mughni ma’ash-sharhil-kabir, IV, 306).

Besides the Prophet (pbuh) damned ten people related to alcoholic drinks:

"The one who squeezes grapes, the one for whom they are squeezed, the one who drinks, the one who carries, the one for whom it is carried, the one who makes others drink, the one who sells, the one who spends the money earned from it, the one who buys and the one for whom it is bought..." (Tirmidhi, Buyu', 59; Ibn Majah, Ashriba, 6).

As it is seen, Islamic scholars have put forward two different views regarding the issue acting upon from different points of view. It shows that there is at least some doubt as to whether the sale in question is halal or not. It is appropriate in terms of caution to avoid doubtful things. Hz. Prophet (pbuh) states the following:

"Abandon what is doubtful and seek what is not doubtful." (Tirmidhi, Qiyamah, 60)

“Both halal and haram things are evident. There are doubtful things between them and most of the people do not know whether they are halal or haram. Those who avoid them will protect their religion and chastity. Those who do not avoid them will fall into haram in the course of time.” (Bukhari, Iman, 39; Muslim, Musaqah, 107)

However, if the person to whom the producer sells the grapes sells them to the producer of alcoholic drinks, the responsibility belongs to the intermediary, not the producer of the grapes. (Zaylai, Tabyinul-Haqaiq, VI, 28)

In the light of the information above, it can be said that it would be more appropriate for grape producers to look for alternative markets and sell their products in those markets in terms of caution. However, if such a market cannot be found and if the grapes that are not sold can go bad, it is possible to act based on the fatwa of Abu Hanifa.

Questions on Islam