بِسْم الله الرحمن الرحيم
26-3-1438H
Abdullah Ibn Zaid bin Aasim رضي الله عنه narrated that Allah's Messenger ﷺ said: "Ibraheem declared Makkah sacred and made supplication for its people, and I declare Al-Madinah to be sacred, as Ibraheem declared Makkah sacred, and I make supplication for its Saa' and Mudd (its sustenance to be blessed) twice as much as Ibraheem made supplication for the people of Makkah" [Agreed Upon]
Commentary:
1- The statement of the Prophet ﷺ, 'Ibraheem declared Makkah sacred' does not contradict what is affirmed in the two Saheehs (Al-Bukhari and Muslim) from the statement of the Prophet ﷺ: "Verily Allah made Makkah sacred on the day He created the Heavens and the Earth", because Allah is in reality the One who makes things sacred, whilst Ibraheem was just a conveyer. The sacredness of Makkah is thus attributed to Ibraheem in respect of conveying the message, and attributed to Allah as He is the Lawmaker. Ibraheem announced the sacredness which had already been affirmed before.
2- Ibraheem supplicated for its people to have blessings, as is mentioned in Surat Al-Baqarah [2:126]:
وَإِذْ قَالَ إِبْرَاهِيمُ رَبِّ اجْعَلْ هَٰذَا بَلَدًا آمِنًا وَارْزُقْ أَهْلَهُ مِنَ الثَّمَرَاتِ مَنْ آمَنَ مِنْهُم بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۖ
"And (remember) when Ibrahim (Abraham) said, "My Lord, make this city (Makkah) a place of security and provide its people with fruits, such of them as believe in Allah and the Last Day."
And in Surat Ibraheem [14:37]:
رَّبَّنَا إِنِّي أَسْكَنتُ مِن ذُرِّيَّتِي بِوَادٍ غَيْرِ ذِي زَرْعٍ عِندَ بَيْتِكَ الْمُحَرَّمِ رَبَّنَا لِيُقِيمُوا الصَّلَاةَ فَاجْعَلْ أَفْئِدَةً مِّنَ النَّاسِ تَهْوِي إِلَيْهِمْ وَارْزُقْهُم مِّنَ الثَّمَرَاتِ لَعَلَّهُمْ يَشْكُرُونَ
"O our Lord! I have made some of my offspring to dwell in an uncultivable valley by Your Sacred House (the Ka'bah at Makkah); in order, O our Lord, that they may perform As-Salat (Iqamat-as-Salat), so fill some hearts among men with love towards them, and (O Allah) provide them with fruits so that they may give thanks."
And Allah granted Ibraheem his request.
3- Allah's Messenger ﷺ made Al-Madinah sacred and that is in accordance to what Allah inspired to him. He ﷺ supplicated to Allah to bless the fruits and grains of the People of Madinah. The Prophet Ibraheem pronounced Makkah a sanctified place and prayed for its sustenance and livelihood. Similarly, the Prophet ﷺ pronounced the sanctity of Al-Madinah and prayed for the sustenance and livelihood of its residents.
4- The borders of the sanctuary of Al-Madinah:
Ali Ibn Abi Talib رضي الله عنه narrated that Allah's Messenger ﷺ said: "Al-Madinah is sacred from 'Air to Thawr" [Muslim]
'Air and Thawr are two mountains surrounding Al-Madinah. 'Air is a well known mountain south of Al-Madinah and south west of Qubaa' Mosque.
The Characteristics of the Sanctuary of Makkah
Abu Hurairah narrated, ‘When Allah, the Most High granted His Messenger (ﷺ) victory on the conquest of Makkah, the Prophet (ﷺ) addressed the people, so he glorified Allah and praised Him, and said, "Allah withheld the elephant from Makkah and empowered His Messenger and the believers over it. It has not been made lawful (i.e. fighting in it) for anyone before me, but it has been lawful for me only for a few hours on that day (of the conquest), and it will not be made lawful to anyone after me (to enter it lighting). Its wild game must not be frightened, its thorns are not to be cut. No one is allowed to pick up lost articles (Luqatah) unless he announces it (what he has found) publicly (in order to return it to the owner). If anyone has someone murdered inside its boundaries, then he has the choice of the best of two options (i.e. either to accept compensation, i.e. blood money or to retaliate). Al-'Abbas then said, ‘Except for the (tree called) Idhkhar, O Messenger of Allah ﷺ, because we use it in our graves and houses' he ﷺ said, 'Except Al-Idhkir'" [Agreed upon]
#1 - The Prohibition of Fighting in it
Fighting in the sanctuary of Makkah is forbidden according to the Quranic text and the consensus of the 'Ulama, except fighting in defence, which is lawful even inside the Ka'bah. The evidence for this is Allah's statement in Surat Al-Baqarah [2:191]:
وَلَا تُقَاتِلُوهُمْ عِندَ الْمَسْجِدِ الْحَرَامِ حَتَّىٰ يُقَاتِلُوكُمْ فِيهِ ۖ فَإِن قَاتَلُوكُمْ فَاقْتُلُوهُمْ ۗ كَذَٰلِكَ جَزَاءُ الْكَافِرِينَ
"And fight not with them at Al-Masjid-al-Haram (the sanctuary at Makkah), unless they (first) fight you there. But if they attack you, then kill them. Such is the recompense of the disbelievers."
Commencing the fight is forbidden, and had only once been made lawful for the Prophet ﷺ for a necessity. It became permissible for a short period during the day; between sunrise until the 'Asr Prayer, when he ﷺ entered and conquered Makkah, and then it became unlawful again until the establishment of the Day of Judgement.
None of the Prophets and their nations were allowed to fight in Makkah, due to its sanctity and greatness. If trees are honoured in Makkah, then what about the sons of Adam?
Q. Is this characteristic applicable to Al-Madinah as well?
A. No, fighting had not been made forbidden in the sanctuary of Al-Madinah. If it happened that the people of Madinah deserved to be fought for abandoning a command, they would be fought for it, unlike the people of Makkah.
#2 - The Prohibiton of cutting down trees (even if they are thorny), mowing grass, or uprooting thorny shrubs in the sanctuary of Makkah, except for Al-Idhkhir.
Al-Idhkir is a kind of grass which is used in the process of melting metals. It was also laid down on the roofs and floors of houses and is used in leveling graves.
This means that if one needs to open a road, and there is a tree in the middle, he should not cut it, except in the case of dire need. This ruling applies to trees which grow naturally (by Allah's action). As for the plants which people cultivate (in their homes for example), they belong to them and they have full authority in disposing them. So if one plants a palm tree in Makkah, he can uproot it, and if one cultivates any kind of plant, he can harvest it. As for plants besides these, they are honoured, and are thus impermissible to be cut.
This is also forbidden in the sanctuary of Al-Madinah. The Prophet ﷺ said: "Al-Madinah is a sanctuary from that place to that. Its trees should not be cut and no heresy should be innovated nor any sin should be committed in it, and whoever innovates in it an heresy or commits sins (bad deeds), then he will incur the curse of Allah, the angels, and all the people." [Al-Bukhari]
However, this prohibiton is less in gravity than it is in Makkah. It is forbidden to cut any tree in Madinah except if needed, such as cutting grass for the cattle, cutting trees in order to plow the land and use its wood, and so on. The Prophet ﷺ allowed all that. This is similar to the permissibility of cutting Al-Idhkir in Makkah.
#3 -The Prohibition of hunting game in the sanctuary of Makkah
This ruling applies to killing game in the sanctuary of Al-Madinah as well, however it differs from the prohibition in Makkah in the following aspects:
a) If a game is hunted in Madinah, there is no penalty. As for hunting in Makkah, the penalty for the one who does so is similar to that of the Muhrim (the person in the state of Ihram) who kills game. Allah says in Surat Al-Ma'idah [5:95]:
فَجَزَاءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ
"...the penalty is an offering, brought to the Ka'bah, of an eatable animal (i.e. sheep, goat, cow, etc.) equivalent to the one he killed"
Hunting in Madinah is forbidden, and the person who hunts is considered a sinner, but there is no penalty on him.
b) If a person killed an animal (game) in the sanctuary of Makkah, it is forbidden for him to eat its meat, just as it is forbidden for the Muhrim who does so. However in Al-Madinah, he is not forbidden from eating it, although he is considered a sinner,
#4 - It is forbidden for a Kaafir (disbeliever) or Mushrik (polytheist) to enter Makkah.
Allah said in Surah Tawbah [9:28]:
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلَا يَقْرَبُوا الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَٰذَا
"O you who believe (in Allah's Oneness and in His Messenger (Muhammad ﷺ)! Verily, the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah, and in the Message of Muhammad
ﷺ) are Najasun (impure). So let them not come near Al-Masjid-al-Haram (at Makkah) after this year"
This is in contrast to Madinah, where it is permissible for a Kaafir to enter. This is because when the Prophet ﷺ passed away, his sword was bonded by a Jewish man in Al-Madinah.
#5 - The Prohibition of picking up a fallen object with the intention of owning it
If you are walking and see a wallet, money, or any fallen item, it is not allowed for you to pick it up, unless you pick it up with the intention of making an announcement for that item publicly for your whole life. This is not like the fallen items of anywhere else, where you have to announce it for one year. After a year passes by, you are allowed to own it. In Makkah, there is no way you can ever own it.
If you fear that the object will be taken by others who will keep it for themselves, you can pick it up and give it to the authorities. This is in the case where one does not know its rightful owner, however if he knows who owns it, he can give it to him.
#6 - The Permissibility of killing with a just right.
This is based on the statement of the Prophet ﷺ: "If anyone's person is killed (in Makkah), he will have the choice of the best of the two options; either he may accepted Diyah (the blood money) or he may choose to retaliate by life taking Qisas (legal retribution for those who murdered)"
If a married person commits Zina (Adultery) in Makkah, he is to be stoned to death, even if he is in a sacred place. Similarly, if one apostated in Makkah, abandoned prayers, and refused to repent, he should be killed, and so on. This is because when they violated the sanctity of the place, they lost their sanctity.
#7 - The Prohibition of chasing or frightening its game.
It is impermissible to drive the game away from the shade, if it is sitting under a tree or shade, and it is impermissible to kill it. If it is forbidden to drive it away, then it is more deserving of being prohibited from being killed.
However, if it is driven out without being chased, such as when a person is walking and the pigeon perceives his movement and flies away, he is not considered a sinner, because he neither chased nor drove it away intentionally.
#8 - The General Prohibition of committing evil actions in the Haraam
Ibn Katheer said in his Tafseer regarding the statement of Allah in Surat Al-Hajj [22:25]:
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ نُّذِقْهُ مِنْ عَذَابٍ أَلِيمٍ
"And whoever inclines to evil actions therein or to do wrong, We shall cause to taste a painful torment."
Ibn Abbas said: "This means someone whose actions are intentional"
Also he said, "The evil action is allowing in the Haram what Allah has forbidden, such as mistreating and killing, whereby you do wrong to those who have done you no wrong and you kill who have not flight you. If a person does this, then he deserves to suffer a painful torment" [At-Tabarani]
Mujahid said, "It is one of the unique features of Al-Haram, that the person who is about to do some evil action should be punished if this is his intention, even if he has not yet commenced the action"
Ibn Mas'ud said, commenting in the aforementioned verse: "If a man intends to do some evil action therein, Allah will make him taste a painful torment' [Tabarani]
Sa'eeds Ibn Jubair said, "Insulting a servant and anything more than that is counted as a wrongdoing" [Tafseer Ibn Katheer]
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