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The Issue of renting Houses in Makkah Print E-mail

﴿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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