Bukhari

Explanation:
Amr bin Sa‘id was the governor of Madinah on behalf of Yazid. After hearing the Prophetic hadith from Abu Shurayh, he resorted to interpretation (ta’wil) and, by declaring the Companion of the Messenger, Abdullah ibn Zubayr radi Allahu anhu, a rebel and a corrupter, sought to justify launching a military campaign against the noble city of Makkah. However, his view was completely incorrect. Ibn Zubayr was neither a rebel nor a corrupter. Those who, in opposition to the clear text, resort to personal opinion, analogy, and corrupt interpretations have always, in this way, stirred up strife and persecuted the people of truth. The name of Abu Shurayh is Khuwaylid bin Amr bin Sakhr, and in Sahih al-Bukhari, only three hadiths are narrated from him. He passed away in 68 AH, rahimahullah wa radi Allahu anhu.

Since Abdullah ibn Zubayr radi Allahu anhu refused to pledge allegiance to Yazid and made the sanctuary of Makkah his place of refuge, Yazid ordered Amr bin Sa‘id to launch a military campaign against Makkah. Abdullah ibn Zubayr radi Allahu anhu was martyred, and the sanctity of the Haram of Makkah was gravely violated. Indeed, to Allah we belong and to Him we shall return. Zubayr radi Allahu anhu was the cousin of the Messenger of Allah sallallahu alayhi wa sallam and the grandson of Abu Bakr al-Siddiq radi Allahu anhu. Even today, the people of innovation reject the Prophetic hadith by inventing such excuses.

Hadith Commentary:
➊
The noble statement of the Messenger of Allah sallallahu alayhi wa sallam, “Whoever is present here should convey this message to those who are absent,” warns us that if someone hears a matter of religion in a scholarly gathering and succeeds in preserving it, then he should convey it to those who were absent from the gathering, so that through this means, reform in action and character may continue.

➋
Due to the delicacy of the circumstances, Muawiyah radi Allahu anhu, after consultation with the representatives of the lands, appointed his son Yazid as his successor. Yazid possessed administrative ability and competence in the affairs of the caliphate. Then, through the governors of the Islamic lands, allegiance (bay‘ah) was taken from the inhabitants. However, Husayn radi Allahu anhu and Abdullah ibn al-Zubayr radi Allahu anhu did not give their allegiance. After the death of Muawiyah radi Allahu anhu, Husayn radi Allahu anhu, upon the invitation of the people of Kufa, left Madinah Munawwarah, and Abdullah ibn al-Zubayr radi Allahu anhu, upon reaching Makkah Mukarramah, took charge of its administration.
Yazid wrote to the governor of Madinah, Amr ibn Sa‘id, to launch a military expedition against Abdullah ibn al-Zubayr radi Allahu anhu in Makkah.
When he intended to send an army from Madinah to Makkah Mukarramah, Abu Shurayh radi Allahu anhu fulfilled the duty of conveying the message, as mentioned in the hadith.

➌
After hearing the words of truth and honesty from Abu Shurayh radi Allahu anhu, the reply given by Amr ibn Sa‘id reflected the saying (kalimat haqq urīda bihā al-bāṭil) — “A true statement, but evil is intended by it” — because there are two issues:
One is launching a military expedition against the Sacred Sanctuary (Haram) of Makkah, and the other is punishing a criminal within the boundaries of the Haram.
His reply was therefore incorrect, because Abdullah ibn al-Zubayr radi Allahu anhu was a noble and distinguished Companion; he had neither committed unjust bloodshed and then hidden in Makkah, nor had he committed theft and sought refuge there. In any case, the action of the governor of Madinah, Amr ibn Sa‘id, in launching a military expedition was in no way correct.
(Fath al-Bari: 1/263)

Hadith Commentary:
Abdullah ibn al-Zubayr (radi Allahu anhu) did not pledge allegiance to Yazid. Therefore, Yazid appointed the governor of Madinah, ‘Amr ibn Sa‘id, to subdue him. Upon this, Abu Shurayh narrated this hadith to him and tried to prevent him from attacking Makkah, but ‘Amr ibn Sa‘id was intoxicated with power. He did not heed the Prophetic hadith and launched an assault on Makkah, making the same excuses that are mentioned here. In this way, he chose everlasting disgrace in history and bore the burden of the unjust bloodshed of Abdullah ibn al-Zubayr (radi Allahu anhu) upon his own neck. The hadith alludes to the conquest of Makkah and the sanctity of Makkah, which is the intended subject of this chapter.

Abdullah ibn al-Zubayr (radi Allahu anhu) was an Asadi Qurashi and the grandson of Abu Bakr al-Siddiq (radi Allahu anhu). Among the Muhajirun in Madinah, he was the first child born in the year 1 AH. His honorable grandfather, Abu Bakr al-Siddiq (radi Allahu anhu), called the adhan in his ears. His mother was Asma’ bint Abi Bakr al-Siddiq (radi Allahu anha). At the place of Quba, the Messenger of Allah (sallallahu alayhi wa sallam) chewed a date and placed it in his mouth with his blessed saliva and supplicated for blessing for him.

He was a man of very clear, handsome features, stout, strong, and extremely brave. His paternal grandmother, Safiyyah (radi Allahu anha), was the paternal aunt of the Messenger of Allah (sallallahu alayhi wa sallam), and his maternal aunt was ‘A’ishah (radi Allahu anha). At the age of eight, he pledged allegiance to the Prophet (sallallahu alayhi wa sallam), and he performed eight Hajj pilgrimages. Hajjaj ibn Yusuf martyred him in Makkah on Tuesday, the 17th of Jumada al-Thani, in the year 73 AH.

It was due to such tyrannical acts that Hajjaj ibn Yusuf was seized by the punishment of Allah and died a humiliating death. The last noble person he unjustly killed was Sa‘id ibn Jubayr (rahimahullah). Whenever Hajjaj ibn Yusuf slept, Sa‘id (rahimahullah) would come to him in his dreams, shake his foot, and remind him of his unjustly shed blood.

﴿إِنَّ فِي ذَلِكَ لَعِبْرَةً لِأُولِي الْأَبْصَارِ﴾ (Aal ‘Imran: 13)
“Indeed, in that is a lesson for those of vision.”

Hadith Commentary:
➊
Abdullah ibn al-Zubayr (radi Allahu anhu) did not pledge allegiance to Yazid ibn Muawiyah (rahimahullah); rather, he himself claimed the caliphate in the region of Hijaz and took allegiance from the people.
Yazid appointed the governor of Madinah, Amr ibn Sa'id, to subdue him. Abu Shurayh (radi Allahu anhu) narrated the hadith to him and forbade him from launching a military expedition against Makkah, but Amr ibn Sa'id was intoxicated with his own power, so he attacked Makkah. However, none of the excuses he mentioned applied to Abdullah ibn al-Zubayr (radi Allahu anhu); he had not committed any crime.
He chose infamy for himself in history forever and stained his hands with the unjust blood of Abdullah ibn al-Zubayr (radi Allahu anhu).
➋
Since this hadith mentions the sanctity (hurmah) of Makkah in reference to the conquest of Makkah, Imam al-Bukhari (rahimahullah) has narrated it.
And Allah knows best.

Hadith Commentary:
In this hadith, there is mention of the military campaign of ‘Amr ibn Sa‘id, who was a governor of the Umayyad Caliphate and was sending an army to fight in Makkah against Abdullah ibn al-Zubayr (radi Allahu anhu). On this occasion, in order to raise the word of truth, Abu Shurayh (radi Allahu anhu) narrated this hadith, hoping that upon hearing it, ‘Amr ibn Sa‘id might desist from his action. But he was not one to desist.
On the contrary, he began to interpret the hadith away and, with convoluted arguments, tried to justify his action, which was nothing but self-deception.
In the end, he did launch a military campaign against Makkah and violated the sanctity of the Ka‘bah.
Abu Shurayh did not remain silent because ‘Amr ibn Sa‘id’s response was reasonable; rather, his answer was entirely unreasonable. The debate was about whether it was permissible to launch a military campaign and fight in Makkah, but ‘Amr ibn Sa‘id raised a different issue: that if someone commits a crime warranting a legal punishment (hadd) and flees to the Haram, he does not receive sanctuary there.
There is a difference of opinion among the scholars on this issue, but Abdullah ibn al-Zubayr (radi Allahu anhu) had not committed any crime warranting a legal punishment.
The kunyah of Abdullah ibn al-Zubayr (radi Allahu anhu) is Abu Bakr. He was an Asadi Qurashi. This kunyah was given to him by the Prophet (sallallahu alayhi wa sallam) himself, after the kunyah of his maternal grandfather, Abu Bakr al-Siddiq (radi Allahu anhu).
Among the Muhajirun in Madinah, he was the first child born, in the year 1 AH.
Abu Bakr al-Siddiq (radi Allahu anhu) gave the call to prayer (adhan) in his ear. He was born in Quba, and his noble mother, Asma’ bint Abi Bakr al-Siddiq (radi Allahu anha), brought him to the Prophet (sallallahu alayhi wa sallam) for a supplication of blessing. The Prophet (sallallahu alayhi wa sallam) seated him in his lap, chewed a date, placed its saliva in his mouth, and rubbed it on his palate. Thus, the very first thing to enter his stomach was the blessed saliva of the Prophet (sallallahu alayhi wa sallam).
Then the Prophet (sallallahu alayhi wa sallam) supplicated for blessing for him. Upon reaching maturity, he possessed a very imposing and awe-inspiring personality.
He was abundant in fasting, performed many supererogatory prayers (nawafil), and was a standard-bearer of truth and honesty. He maintained family ties, was a model of consideration and magnanimity, and was the embodiment of noble character.
Among his virtues is that his noble mother, Asma’ (radi Allahu anha), was the daughter of Abu Bakr al-Siddiq (radi Allahu anhu).
His maternal grandfather was Abu Bakr al-Siddiq (radi Allahu anhu).
His paternal grandmother, Safiyyah, was the real paternal aunt of the Prophet (sallallahu alayhi wa sallam), and ‘A’ishah al-Siddiqah (radi Allahu anha) was his maternal aunt.
At the age of eight, he pledged allegiance at the blessed hand of the Prophet (sallallahu alayhi wa sallam).
In the battle mentioned here, al-Hajjaj ibn Yusuf killed him in Makkah and, on Tuesday, 17th Jumada al-Thani, 73 AH, his body was hung on a crucifix. A few days later, al-Hajjaj himself died a humiliating and disgraceful death.
Allegiance was given to Abdullah ibn al-Zubayr (radi Allahu anhu) in 64 AH, upon which most of the people of Hijaz, Yemen, Iraq, and Khurasan agreed.
Abdullah (radi Allahu anhu) performed Hajj eight times in his life, and a large group narrates hadith from him.
For the derivation of various legal rulings, Imam al-Bukhari (rahimahullah) has cited this hadith in many places in his Sahih collection.

Hadith Commentary:
(1)
It is narrated in Musnad Ahmad that Abu Shurayh (radi Allahu anhu) said:
I was present at the time of the Messenger of Allah’s (sallallahu alayhi wa sallam) statements, and you were not present at that time.
The Messenger of Allah (sallallahu alayhi wa sallam) commanded us to convey this message, which I have conveyed to you.
(Musnad Ahmad: 4/32)
This means that Abu Shurayh (radi Allahu anhu) did not agree with the action of Amr ibn Sa‘id; rather, he tried to stop him loudly. However, Amr ibn Sa‘id acted cunningly by using a correct statement for an incorrect purpose, because Abdullah ibn Zubayr (radi Allahu anhu) was by no means a rebel, a mischief-maker, or someone who would flee after causing bloodshed.

(2)
From this hadith, it is understood that the trees of the Haram should not be cut down, but what is meant are those trees that grow there naturally.
There is consensus among all scholars on this matter; however, some scholars have permitted making tooth-sticks (miswak) and the like from the branches.
Similarly, if a tree in the Haram falls down by itself, it is also permissible to benefit from it. Also, picking fruit from a fruit-bearing tree, as long as it does not harm the tree, is also permissible.
If people plant trees or cultivate gardens in the Haram, then there is no harm in using them as well.
(Fath al-Bari: 4/58)

Hadith Commentary:
Vocabulary of the Hadith:
The original meaning of "khurbah" or "kharbah" is to graze camels.
By extension, it is also taken to mean spreading corruption in the land through theft or robbery.

Benefits and Issues:
➊
Fighting and conflict within the Haram (sanctuary) are not permissible under any circumstances.
If the people of Makkah rebel against a just ruler,
there are two opinions regarding this.
According to Imam Mawardi,
and according to the majority,
as long as it is possible to avoid fighting,
an alternative method should be adopted to suppress the rebellion while avoiding combat.
If there is no alternative except fighting, then battle will be waged against the rebels, but such a method should not be adopted
that would harm those who are not participating in the fighting.
Fighting against rebels falls under the rights of Allah (huquq Allah),
and the rights of Allah cannot be neglected.
However, according to others, fighting is not permissible under any circumstances.
This is what the apparent meaning of the ahadith demands.
(Fath al-Bari, vol. 4, p. 63)
And this is what Abu Shurayh radi Allahu anhu understood,
which is why Abu Shurayh radi Allahu anhu said in response to Amr ibn Sa'id:
(Qad kuntu shahidan wakunta gha'iban wa qad umirna an yuballigha shahiduna gha'ibana wa qad ballaghtuka) (I was present,
and you were not present,
and the Messenger of Allah sallallahu alayhi wa sallam commanded us that those who are present should convey the message to those who are absent,
and I have conveyed this message to you.)
(Fath al-Bari, vol. 4, p. 59)
The purpose of Abu Shurayh radi Allahu anhu was that those people are more entitled to understand the intent and purpose of the statement of the Messenger of Allah sallallahu alayhi wa sallam,
in whose presence he made this statement,
and who witnessed its context and occasion.

➋
In this hadith, it is stated that whoever believes in Allah and the Last Day, it is not permissible for him to shed blood in Makkah, and Allah granted His Messenger permission to fight for a certain period.
From this, the majority have deduced that Makkah was conquered by force and power,
and the Messenger of Allah sallallahu alayhi wa sallam, out of grace and kindness, declared the people of Makkah as "Tulaqa" (freed ones),
and did not consider their wealth as spoils of war, nor did he take their women and children as captives.
However, according to Imam Shafi'i rahimahullah, Makkah was conquered through a peace agreement (Sulhan) (Subul al-Salam, vol. 2, p. 292).

➌
If a person commits a hadd (prescribed) offense within the Haram,
then by consensus, the hadd will be carried out upon him.
But if a person commits a crime outside the Haram and then seeks refuge within the Haram,
there is a difference of opinion regarding this.
According to Imam Malik rahimahullah
and Imam Shafi'i rahimahullah, the hadd will be established upon him.
According to Imam Abu Hanifah rahimahullah
and Imam Ahmad rahimahullah, the hadd will not be carried out within the Haram;
rather, he will be socially boycotted or admonished and advised until he leaves the Haram, and then, outside the Haram,
the hadd will be established.
Hafiz Ibn Hazm rahimahullah has strongly supported this position.

1: (This is an explanation of the rulings and rites of Hajj.) Hajj is the fifth fundamental pillar of Islam. Its obligation was established in 5 AH or 6 AH, and some have said in 9 AH or 10 AH. In Zad al-Ma'ad, Ibn al-Qayyim's inclination is towards this view.

2:
Amr ibn Sa‘id:
He was the governor of Madinah on behalf of Yazid, and Yazid’s act of sending an army against the caliphate of Abdullah ibn al-Zubayr radi Allahu anhuma, and that too against Makkah al-Mukarramah, was absolutely wrong.

(1) "Amr ibn Sa'id" — He was the governor of Madinah Munawwarah on behalf of Yazid. Abdullah ibn Zubair radi Allahu anhu did not pledge allegiance to Yazid; rather, he left Madinah Munawwarah and went to Makkah Mukarramah so that the government could not coerce him. Yazid wrote to Amr ibn Sa'id to take action against Abdullah ibn Zubair radi Allahu anhu. This occurred in the year 61 or 63 Hijri.

(2) "The people did not" — Sometimes, people themselves come to regard the sanctity of a place on their own accord, just as nowadays the general public considers the shrines of certain pirs and the areas attached to them as sacred like the Haram, and they consider any kind of intervention there to be a sin. Therefore, it was negated that the sanctity of Makkah Mukarramah is from Allah, and people have no part in it. Moreover, this sanctity is eternal and everlasting; it is not specific to any one nation or religious law.

(3) "For a short while" — From the beginning of the attack until dominance was established. And this period was from sunrise until 'Asr. Even in this, the army of the Messenger of Allah sallallahu alayhi wa sallam did not kill anyone on their own initiative; rather, only those who resisted were killed. Or those few criminals were killed who had committed unforgivable sins. And this was a legal (shar'i) ruling.

(4) "Let every present convey to the absent" — So that everyone may know that the Noble Prophet sallallahu alayhi wa sallam maintained the sanctity of the Haram.

(5) The authority to declare something lawful (halal) or unlawful (haram) belongs to Allah Ta'ala; no human has any part in this. The task of the Messengers is only to convey the rulings to the people. They too do not have the authority to declare something lawful or unlawful from themselves.

(6) It is the responsibility of the noble scholars to reject the commands of rulers that are against the Shari'ah and to propagate the truth.