Serving water to non-Muslim in Ramadan
17-9-2016 | IslamWeb
Question:
Assalaamu alaykum, dear Scholar of Islam. I want to know the following: Is it permissible for a Muslim to offer water to drink to a non-Muslim during the daytime in Ramadan? I have read that many scholars opined that it is not permissible. Please let me know if there is any other considerable opinion from our righteous predecessors. May Allaah reward you.
Answer:
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad 
is His slave and Messenger.
We have previously underlined in fatwa 121912 that the majority of scholars held that it is prohibited to serve food to the non-Muslim during the daytime in Ramadan because non-Muslims are required to observe the applied teachings of the Sharee'ah Law. There is another scholarly view, though, that suggests that they are not required to observe the applied Sharee'ah teachings. This difference of opinion among scholars decides whether or not it permissible to offer hospitality to the non-Muslims during the daytime in Ramadan.
Al-Isnawi 
said:
"Are non-Muslims required to observe the applied Sharee'ah teachings? There are different views in this regard. The more correct view is, 'Yes' (they are required to abide by the applied teachings of Islam), as was stated in Al-Burhaan. This is the predominant opinion in the Shaafiʻi School. Based on that, the non-Muslims are required to abide by the religious obligations and avoid the prohibitions. The second view is, 'No' (they are not required to observe the applied Sharee'ah teachings), which was the chosen view of Abu Is-haaq Al-Isfiraayeeni..." [At-Tamheed fi Takhreej Al-Furooʻ ʻala Al-Usool]
He then discussed the consequent juridical cases related to that issue saying: "The permissibility of helping the non-Muslim to do what is deemed prohibited by the Sharee'ah such as eating and drinking during the daytime in Ramadan through hospitality or the like; if we say that the non-Muslim is not required to observe the applied Shaee'rah teachings, then it would not be prohibited for the Muslim (to serve him food or drink during daytime in Ramadan). However, if we followed the opinion suggesting that the non-Muslim is required to observe the applied teachings of Islam, then the following case presents itself: when it is prohibited for the Muslim husband to engage in intimacy (with his wife), such as in the case when he is fasting or in a state of Ihraam for Hajj or 'Umrah; if he asked his wife to have intercourse with him, is it permissible for her to submit to his desire or not. The most likely correct view in this regard is that it is impermissible for her to do so because it would constitute helping him in committing a prohibited act, as was stated by Ar-Raafiʻi in his book Al-Eelaa'. The same applies to the case when a person who is legislatively obliged to attend the Friday prayer wants to trade with someone who is not legislatively obliged to attend the Friday prayer for any given reason after the call to prayer has been raised. There are two scholarly views in this regard; the most likely correct view is that cited by Ar-Raafiʻi: that it is prohibited (for the latter to trade with the former who is obliged to attend the prayer)."
Allaah knows best.