[الَّذِى جَعَلْنَـهُ
لِلنَّاسِ سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ]
(which We have made (open) to (all) men, the dweller in it and the visitor
from the country are equal there) meaning that they prevent people from reaching
Al-Masjid Al-Haram, which Allah has made equally accessible to all in Shari`ah,
with no differentiation between those who live there and those who live far away
from it.
[سَوَآءً الْعَـكِفُ
فِيهِ وَالْبَادِ]
(the dweller in it and the visitor from the country are equal there,) Part of
this equality is that everyone has equal access to all parts of the city and can
live there, as `Ali bin Abi Talhah reported from Ibn `Abbas concerning the Ayah:
[سَوَآءً الْعَـكِفُ
فِيهِ وَالْبَادِ]
(the dweller in it and the visitor from the country are equal there,) He [Ibn
`Abbas] said: "Both the people of Makkah and others can stay in Al-Masjid
Al-Haram.''
[سَوَآءً الْعَـكِفُ
فِيهِ وَالْبَادِ]
(the dweller in it and the visitor from the country are equal there,) Mujahid
said, "The people of Makkah and others are equally allowed to stay there.'' This
was also the view of Abu Salih, `Abdur-Rahman bin Sabit and `Abdur-Rahman bin
Zayd bin Aslam. `Abdur-Razzaq narrated from Ma`mar, from Qatadah who said: "Its
own people and others are equal therein.'' This is the issue about which
Ash-Shafi`i and Ishaq bin Rahwayh differed in the Masjid of Al-Khayf, when Ahmad
bin Hanbal was also present. Ash-Shafi`i was of the opinion that the various
parts of Makkah can be owned, inherited and rented, and he used as evidence the
Hadith of Usamah bin Zayd who said, "I said, O Messenger of Allah, will you go
and stay tomorrow in your house in Makkah'' He said,
«وَهَلْ تَرَكَ لَنَا
عَقِيلٌ مِنْ رِبَاعٍ؟»
(Has `Aqil left us any property) Then he said,
«لَا يَرِثُ
الْكَافِرُ الْمُسْلِمَ وَلَا الْمُسْلِمُ الْكَافِر»
(A disbeliever does not inherit from a Muslim and a Muslim does not inherit
from a disbeliever.) This Hadith was recorded in the Two Sahihs. He also used as
evidence the report that `Umar bin Al-Khattab bought a house in Makkah from
Safwan bin Umayyah for four thousand Dinars, and made it into a prison. This was
also the view of Tawus and `Amr bin Dinar. Ishaq bin Rahwayh was of the opinion
that they (houses in Makkah) could not be inherited or rented. This was the view
of a number of the Salaf, and Mujahid and `Ata' said likewise. Ishaq bin Rahwayh
used as evidence the report recorded by Ibn Majah from `Alqamah bin Nadlah who
said, "The Messenger of Allah , Abu Bakr and `Umar died, and nobody claimed any
property in Makkah except the grazing animals. Whoever needed to live there
would take up residence there, and whoever did not need to live there would let
others take up residence there.'' `Abdur-Razzaq recorded that `Abdullah bin `Amr
said, "It is not allowed to sell or rent the houses of Makkah.'' He also said,
narrating from Ibn Jurayj: "`Ata' would not allow people to charge rent in the
Haram, and he told me that `Umar bin Al-Khattab did not allow people to put
gates on the houses of Makkah because the pilgrims used to stay in their
courtyards. The first person to put a gate on his house was Suhayl bin `Amr.
`Umar bin Al-Khattab sent for him about that and he said, `Listen to me, O
Commander of the faithful, I am a man who engages in trade and I want to protect
my back.' He said, `Then you may do that.''' `Abdur-Razzaq recorded from Mujahid
that `Umar bin Al-Khattab said, "O people of Makkah, do not put gates on your
houses, and let the bedouins stay wherever they want.'' He said: Ma`mar told us,
narrating from someone who heard `Ata' say about the Ayah, x
[سَوَآءً الْعَـكِفُ
فِيهِ وَالْبَادِ]
(the dweller in it and the visitor from the country are equal there, ) "They
may stay wherever they want.'' Ad-Daraqutni recorded a saying reported from
`Abdullah bin `Amr: "Whoever charges rent for the houses of Makkah, consumes
fire.'' Imam Ahmad took a middle path, according to what his son Salih narrated
from him, and he said, "They may be owned and inherited, but they should not be
rented, so as to reconcile between all the proofs.'' And Allah knows best.
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