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Should I close my business when the azaan for jumma takes place. I have a non muslim salesman and I generally leave the shop in his supervision and go to the mosque. Or is it mandatory to close the shop and open after the salah?
Wa alaikum assalam,
Allah (swt) says in surah Jummah – ayah 9:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلاَةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew.
So trading i.e sale and purchase is not allowed after the call to Salah i.e azan for Friday salah.
However the scholars differed as to when exactly should people stop sale and purchase
The hanafis said that the trading should stop at the first azan which is at the time of zawal. As for the others i.e the hanbalis, shafiis and the malikis, they said it should be stopped at the time when the imam sits on the minbar and the 2nd azan for Friday takes place.
The stronger opinion Is the latter one, and that is because there was no first azan during the time of the prophet (saw) , rather there was only one azan and it was ‘said’ when the imam sat at the minbar.
Therefore the hukm to stop trade applies when the second azan of jummah is called and not the first.
Furthemore, The hukm to stop trade and go to the jummah applies on those who jummah is obligated on and not those who it is not obligated on , so the women, children, the slave, the traveler and the sick are excused from this hukm and they can continue to trade however they can only sell or buy from those who jummah is not obligatory on.
As for your question regarding appointing a non-muslim salesman, then the question that needs to be first answered is whether the non muslim is addressed by the hukm shari or not ? if the non muslim is not obligated by the shariah then he is allowed to sell on condition that he sells it to only those who are excused from the hukm of Jummah.
And the correct opinion in this matter is that the shariah is the law of allah (swt) for everyone, i.e the muslim and the non muslim. Imam nawawi said in sharh muslim,
‘The correct view according to the muhaqqiqoon and the majority is that the kafir is also addressed by the shari rules’ i.e it applies on them as well.
However the kafir cannot undertake these ahkam as long as he does not accept islam, as the Aqeedah is a precondition for undertaking the fulfillment of the shari hukm.
Allah (Swt) says in surah tawbah ayah 54:
وَمَا مَنَعَهُمْ أَنْ تُقْبَلَ مِنْهُمْ نَفَقَاتُهُمْ إِلاَّ أَنَّهُمْ كَفَرُوا بِاللَّهِ وَبِرَسُولِهِ
And what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger
The Non Muslim will be questioned for abandoning the hukm of allah (swt) , In surah mudathir ayah 42-47 he says
مَا سَلَكَكُمْ فِي سَقَرَ * قَالُوا لَمْ نَكُ مِنَ الْمُصَلِّينَ * وَلَمْ نَكُ نُطْعِمُ الْمِسْكِينَ * وَكُنَّا نَخُوضُ مَعَ الْخَائِضِينَ * وَكُنَّا نُكَذِّبُ بِيَوْمِ الدِّينِ * حَتَّى أَتَانَا الْيَقِينُ
[And asking them], "What put you into Saqar?", They will say, "We were not of those who prayed, Nor did we used to feed the poor. And we used to enter into vain discourse with those who engaged [in it], And we used to deny the Day of Recompense Until there came to us the certainty."
Therefore it is not allowed to enable the non-muslim salesman to perform trade after the second azan for jummah , this is because it is enabling him to undertake a matter that is haram.
Therefore your salesman should shut the shop during that time.
Hope it clarifies.
Ustadh Abu Khalid al-Hejazi