Impermissibility of applying Qiyas to selling cigarettes, tobacco, and commodities that have both lawful and unlawful uses

Q: I heard from one of the most famous shaykhs of Ansar Al-Sunnah Al-Muhammadiyyah Group that it is permissible to sew and sell dresses that do not cover women fully; i.e., short dresses. He based his view on the fact that the Messenger of Allah (peace be upon him) gave a red silk garment as a present to `Umar ibn Al-Khattab (may Allah be pleased with him), and when `Umar wore it and the Messenger of Allah (peace be upon him) saw it on him, he said, I gave it to you to give it away as a present not to wear it. So `Umar gave it to one of his friends from the time of Jahiliyyah (pre-Islamic time of ignorance), or something like that. The shaykh further said that an Imam - whose name I cannot recall now - related this Hadith in his book under the chapter on the permissibility of selling what should not be worn. What is your opinion in this regard? In case this is true, can we use Qiyas (analogy) and say that it is permissible to sell cigarettes and tobacco, ring-shaped gold items, female pants, and male and female swimming suits? Allah (Glorified and Exalted be He) says in the Qur'an, Help you one another in Al-Birr and At-Taqwâ (virtue, righteousness and piety); but do not help one another in sin and transgression. Please give us your answer, Allah forbid there is any contradiction between the Qur'an and the Sunnah (whatever is reported from the Prophet).

A: This Hadith is related by Al-Bukhari, Muslim and others under different chapters (Part No. 16; Page No. 180) and through different ways. There is the account related by Al-Bukhari under the chapter on trading in male and female reprehensible clothes on the authority of Salim ibn `Abdullah ibn `Umar from his father who said, The Prophet (peace be upon him) sent a silken garment to `Umar (may Allah be pleased with him). When the Prophet saw it on him, he said, "I have not sent it to you to wear, only someone who has no share in the Hereafter wears it. I sent it to you to make use of it (by selling it)." This Hadith proves that it is permissible to trade in, grant or donate clothes that can be used in one way but not the other. The one who buys such clothes or receives it must use it according to the permissible way. This rule applies to gold, jewelry, weapons, knives, grapes and anything that has both a permissible (Part No. 16; Page No. 181) and an impermissible use. It is permissible to trade in or grant all of these things and the buyer or receiver of the grant must use it only in the permissible way, such as selling or granting it, without making any illegal gains from it. However, if the item is already unlawful to use in all cases and ways, it will not be permissible to trade in or grant it such as pigs, lions and wolves. The Hadith does not support selling the things you mentioned and you cannot use Qiyas with selling cigarettes, tobacco, and male and female swimming suits. Qiyas is used with items that can be lawful if used in a certain way or case and unlawful if used in another while these things are unlawful to use in all cases. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.