The Quran

Commentaries for 22.25

Al Hajj (The pilgrimage) - الحج

22.25 Abbas - Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs
(Lo! those who disbelieve) in Muhammad (pbuh) and in the Qur'an; the reference here is to Abu Sufyan-this happened before he embraced Islam-and his host (and bar (men) from the way of Allah) and drive people away from Allah's religion and obedience (and from the Inviolable Place of Worship) and bar Muhammad (pbuh) on the year of al-Hudaybiyyah from performing the lesser and greater pilgrimage in the Sacred Precinct (which We have appointed) as a Sacred Precinct and Qiblah (for mankind together, the dweller therein and the nomad) the dweller therein and the strangers are equal in it; (whosoever seeketh wrongful partiality therein) towards anyone, (him We shall cause to taste a painful doom) We hurt him badly so that he does not wrong anyone after that. It is also said that this was revealed concerning 'Abdullah Ibn Anas Ibn Hanzal who intentionally killed a Helper in Medina, left the religion of Islam and fled to Mecca. And so was revealed the passage: (whosoever seeketh wrongful partiality therein) towards anyone, (him We shall cause to taste a painful doom) such that he is not given food, drink or shelter until he leaves the Sacred Precinct and the legal punishment is applied on him.
22.25 Jalal - Al-Jalalayn
Truly those who disbelieve, and who bar from the way of God, [from] obedience to Him, and, from, the Sacred Mosque, which We have assigned, as a [holy] rite and a place of devotion, for mankind, equally for the dweller, the one who resides, therein and the visitor, the passer-by; and whoever seeks [to commit] sacrilege therein (the bā’ [of bi-ilhādin, ‘sacrilege’] is extra) by doing wrong, in other words, for such a reason, committing what is forbidden, even if he should curse the [Mosque’s] attendant, We shall make him taste a painful chastisement, that is, some such [chastisement] (from this [last clause] one may derive the predicate of [the introductory particle] inna, ‘truly’, and it is this: ‘We shall make them taste a painful chastisement’.
22.25 Kathir - Ibn Al Kathir
A Warning to Those Who hinder Others from the Path of Allah and from Al-Masj id Al-Haram and Who seek to do Evil Actions therein
Allah rebukes the disbelievers for preventing the believers from coming to Al-Masjid Al-Haram and performing their rites and rituals there, claiming that they were its guardians,
وَمَا كَانُواْ أَوْلِيَآءَهُ إِنْ أَوْلِيَآؤُهُ إِلاَّ الْمُتَّقُونَ
(and they are not its guardians. None can be its guardians except those who have Taqwa) 8:34. In this Ayah there is proof that it was revealed in Al-Madinah, as Allah says in Surat Al-Baqarah:
يَسْـَلُونَكَ عَنِ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ قِتَالٌ فِيهِ كَبِيرٌ وَصَدٌّ عَن سَبِيلِ اللَّهِ وَكُفْرٌ بِهِ وَالْمَسْجِدِ الْحَرَامِ وَإِخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ عِندَ اللَّهِ
(They ask you concerning fighting in the Sacred Months. Say, "Fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the way of Allah, to disbelieve in Him, to prevent access to Al-Masjid Al-Haram, and to drive out its inhabitants) 2:217 And Allah says here:
إِنَّ الَّذِينَ كَفَرُواْ وَيَصُدُّونَ عَن سَبِيلِ اللَّهِ وَالْمَسْجِدِ الْحَرَامِ
(Verily, those who disbelieved and hinder (men) from the path of Allah, and from Al-Masjid Al-Haram) meaning, not only are they disbelievers, but they also hinder people from the path of Allah and from Al-Masjid Al-Haram. They prevent the believers who want to go there from reaching it, although the believers have more right than anyone else to go there. The structure of this phrase is like that to be found in the Ayah:
الَّذِينَ ءَامَنُواْ وَتَطْمَئِنُّ قُلُوبُهُمْ بِذِكْرِ اللَّهِ أَلاَ بِذِكْرِ اللَّهِ تَطْمَئِنُّ الْقُلُوبُ
(Those who believed, and whose hearts find rest in the remembrance of Allah, verily, in the remembrance of Allah do hearts find rest.) 13:28 Not only are they believers, but their hearts also find rest in the remembrance of Allah.
The Issue of renting Houses in Makkah
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.
A Warning to Those Who want to commit Evil Actions in the Haram
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ نُّذِقْهُ مِنْ عَذَابٍ أَلِيمٍ
(and whoever inclines to evil actions therein or to do wrong, him We shall cause to taste from a painful torment.)
(or to do wrong,) means, he aims deliberately to do wrong, and it is not the matter of misunderstanding. As Ibn Jurayj said narrating from Ibn `Abbas, "This means someone whose actions are intentional.'' `Ali bin Abi Talhah reported that Ibn `Abbas said, "The evil action of Shirk.'' Al-`Awfi reported that Ibn `Abbas 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 those who have not fought you. If a person does this, then he deserves to suffer a painful torment.''
(or to do wrong,) Mujahid said, "To do some bad action therein. This 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 Abi Hatim recorded in his Tafsir that `Abdullah (i.e., Ibn Mas`ud) commented about the Ayah,
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ
(and whoever inclines to evil actions therein or to do wrong,) "If a man intends to do some evil action therein, Allah will make him taste a painful torment.'' This was also recorded by Ahmad. I say, its chain is Sahih according to the conditions of Al-Bukhari, and it is more likely Mawquf than Marfu`. And Allah knows best. Sa`id bin Jubayr said, "Insulting a servant and anything more than that is (counted as) wrongdoing.'' Habib bin Abi Thabit said:
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ
(and whoever inclines to evil actions therein or to do wrong,) "Hoarding (goods) in Makkah.'' This was also the view of others.
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ
(and whoever inclines to evil actions therein or to do wrong,) Ibn `Abbas said, "This was revealed about `Abdullah bin Unays. The Messenger of Allah sent him with two men, one of whom was a Muhajir and the other from among the Ansar. They began to boast about their lineages and `Abdullah bin Unays got angry and killed the Ansari. Then he reverted from Islam (became an apostate) and fled to Makkah. Then these words were revealed concerning him:
وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ
(and whoever inclines to evil actions therein or to do wrong,) meaning, whoever flees to Al-Haram to do evil actions, i.e., by leaving Islam.'' These reports indicate some meanings of the phrase "evil actions'', but the meaning is more general than that and includes things which are more serious. Hence when the owners of the Elephant planned to destroy the House (the Ka`bah), Allah sent against them birds in flocks,
تَرْمِيهِم بِحِجَارَةٍ مِّن سِجِّيلٍ - فَجَعَلَهُمْ كَعَصْفٍ مَّأْكُولِ
(Striking them with stones of Sijjil. And He made them like (an empty field of) stalks (of which the corn has been eaten up by cattle).) 105:4-5. means He destroyed them and made them a lesson and a warning for everyone who intends to commit evil actions there. Hence it was reported in a Hadith that the Messenger of Allah said:
«يَغْزُو هَذَا الْبَيْتَ جَيْشٌ حَتَّى إِذَا كَانُوا بِبَيْدَاءَ مِنَ الْأَرْضِ خُسِفَ بِأَوَّلِهِمْ وَآخِرِهِم»
(This House will be attacked by an army, then when they are in a wide open space, the first of them and the last of them will be swallowed up by the earth.)
22.25 Maududi - Sayyid Abul Ala Maududi - Tafhim al-Qur'an
"Those who disbelieved" were the people who rejected the Message of the Holy Prophet. The subsequent theme clearly shows that they were the disbelievers of Makkah.
That is, "They debarred the Holy Prophet and his followers from performing Hajj and 'Umrah".
That is, "This is not exclusively the property of any person or family or clan but is meant for all mankind alike. Therefore bone has any right to debar others from it."
In this connection, two questions have arisen among the Jurists of Islam:
(1) What is meant by the "Sacred Mosque" ? Does it mean the mosque itself or includes the whole "Inviolable Place" of Makkah?
(2) What is meant by "equal rights" of its dwellers and the outsiders ?
According to some jurists it means the "Sacred Mosque" itself and not the whole of Inviolable Makkah. They base this opinion on the apparent wording of the Qur'an, and say that by "equal rights" is meant equal rights only in regard to worship in it. They cite a Tradition of the Holy Prophet to support their opinion. He said: "O children of 'Abd Manaf, those of you who will have authority over the affairs of the people, should not stop anybody from moving round the Ka'bah or froth offering prayers in it at any time of the day or night."
Imam Shafi'i and others who support this view are of the opinion that it is wrong to conclude from this verse that the rights of the dwellers and the outsiders are equal in every respect, but they are equal only in regard to the right of worship and in nothing else, for the people of Makkah owned the lands and the houses of Makkah before Islam and also after it. So much so that during the time of Caliph Umar, the house of Safwan bin Umayyah was actually purchased from him for the purpose of making a prison in Makkah.
The others who hold that the "Sacred Mosque" refers to the whole of the "Inviolable Place" of Makkah derive their authority from verses 196 and 217 of Chapter II (Al-Baqarah). They argue that Hajj is not performed only in the Ka'bah (the Sacred Mosque), but the pilgrim has to visit Mina, Muzdalifah, `Arafat, etc. for the performance of Hajj rites. Thus, they hold that equality is not merely in regard to worship in the "Sacred Mosque", but in regard to all other rights in Makkah. As this place has been appointed for Hajj by Allah for all alike, none has any right of ownership in it. Anyone can stay anywhere he likes and node can prohibit him from doing so. They cite many Traditions in support of their opinion:
(1) Abdullah bin `Umar reports that the Holy Prophet said: "Makkah is the place where travelers have to stay: therefore its lands cannot be sold nor can anyone charge rent for its houses."
(2) According to Ibrahim Nakha`i, the Holy Prophet said: "Makkah has been made an "Inviolable Place" by Allah: therefore selling its land and charging of rent for its houses is unlawful". Mujahid has also reported a tradition almost in similar words.
(3) Alqamah says, "During the time of the Holy Prophet, and of the first three Caliphs, the lands of Makkah were regarded as common property and one could live there or allow others to live therein."
(4) `Abdullah bin `Umar says, "Caliph `Umar had ordered that no resident of Makkah should close the door of his house during the Hajj season." According to Mujahid; Caliph `Umar had ordered that the people of Makkah should not put doors to enclose their courtyards but keep them open so that anyone who liked might come in and stay there. The same has been related by `Ata' with the addition that Suhail bin `Amr was the only exception to this rule, who was allowed to put a door in his courtyard in order to safeguard his camels in connection with his trade.
(5) `Abdullah bin `Umar also says that the one who receives rent for his house in Makkah fills his belly with fire.
(6) `Abdullah bin `Abbas says that Allah has made the whole of Makkah the "Sacred Mosque" where all have equal rights, Therefore the people of Makkah have no right to charge rent.
(7) `Umar bin `Abdul `Aziz sent an order to the governor of Makkah to this effect: "No rent should be charged for the houses of Makkah because it is unlawful".
On the basis of the above traditions, quite a few of the followers of the Companions and also, Imams Malik, Abu Hanifah, Sufyan Thauri, Ahmad bin Hanbal and Ishaq bin Rahawayah from among the Jurists, are of the opinion that it is unlawful to sell a piece of land and to charge rent, at least during the Hajj season, in Makkah. However, the majority of the Jurists are of the opinion that people can own houses in Makkah and can sell them as buildings but not as land. In my opinion, this last view seems to be the right one because it conforms with the Qur'an and the Sunnah and the practice of the rightly-guided Caliphs. It is obvious that Allah has not made Hajj obligatory for the Muslims of the whole world in order to provide a means of income for the people of Makkah. As Allah Has set apart the "Inviolable Place" for the benefit of all the Believers,. that land is not the property of anyone and every pilgrim has the right to stay anywhere he can find room for himself.
It does not imply any specific act, but means every act that deviates from righteousness and falls under the definition of iniquity. Though all such acts are sins at all times and places; their commission in the "Inviolable Place" makes them all the more heinous; so much so that the commentators are of the opinion that even taking of an unnecessary oath brings it under the same category.
Besides common sins, there are certain other things whose commission in the " Inviolable Place" brings them under the same category. For instance:
(l) It is prohibited to take legal action even against a murderer, etc. who takes shelter within the "Inviolable Place": so much so that he cannot be arrested as long as he retrains therein. This sanctity of the "Inviolable Place" is being observed since the time of Prophet Abraham. The Qur'an says, "Whoso even enters it, he becomes safe and secure..." (III: 97).
(2) The consensus of opinion is that there can be no retribution within the "Inviolable Place" for the crimes committed outside it. Hadrat `Umar, `Abdullah bin `Umar and `Abdullah bin `Abbas declared, "We will not take any action in it even against the murderer of our fathers."
(3) It is unlawful to wage war or shed blood within it. On the second day of the conquest of Makkah, the Holy Prophet declared, "O people, Allah has trade Makkah a Sanctuary since the very creation of this world, and it will remain so by Allah's ordinance up to the Day of Resurrection; therefore, it is not lawful for any man, who believes in Allah and the Day of Resurrection, to shed blood here". Then he added, "Suppose a man legalizes bloodshed here on the basis of the precedent that I waged war here, tell him, 'Allah made it lawful for His Messenger and not for you'. It was made lawful for me for a short interval of the day. Then it was again made "Inviolable" as before".
(4) It is unlawful to cut naturally growing trees or uproot the grass which has grown there. It is also prohibited to hunt birds and animals within the boundary or to drive them out from the "Inviolable Place" for hunting. It is, however, lawful to kill a serpent, a scorpion and other harmful animals and to uproot dry grass and "Izkhir" which is a kind of grass.
(5) It is prohibited to pick up anything that has fallen to the ground. In a Tradition, reported by Abu Dawud, the Holy Prophet prohibited people to pick up, anything belonging to a pilgrim that had fallen to the ground.
(6) It is unlawful for a pilgrim who comes with the intention of performing Hajj or 'Umrah" to enter therein without Ihram. However, there is a divergence of opinion in regard to the entry of others than the pilgrims without Ihram. According to 'Abdullah bin `Abbas no one is allowed to enter therein without Ihram in any case, and this has been supported by a saying each of Imam Ahmad and Imam Shafi`i. According to other sayings of Imams Ahmad and Shafi`i, those people who have to visit the' "Inviolable Place" frequently in connection with trade and business, are excepted. Imam Abu Hanifah, however, holds the view that the person who lives within the limits of the appointed "Miqats" can visit Makkah without Ihram but the outsiders cannot enter it without Ihram.