Surah Al-Hajj (22) — Ayah 25

(Ayah 25) ➊ {اِنَّ الَّذِيْنَ كَفَرُوْا وَ يَصُدُّوْنَ عَنْ سَبِيْلِ اللّٰهِ:} Ibn Ashur (may Allah have mercy on him) said that this is in contrast to {’’ وَ هُدُوْۤا اِلٰى صِرَاطِ الْحَمِيْدِ ‘‘}, that the people of faith were granted guidance to the path of Allah ({الْحَمِيْدِ}), whereas the disbelievers are such that they themselves have refused to adopt the path of guidance and are continuously preventing people from the path of Allah (Islam) and from Masjid al-Haram. As a result, Paradise is for the believers and a painful punishment is for the disbelievers. {’’ كَفَرُوْا ‘‘} is past tense and {’’ يَصُدُّوْنَ ‘‘} is present tense, meaning those disbelievers have already been so in the past, but their act of preventing people from Islam and Masjid al-Haram is continuously ongoing. Another example of the conjunction of past and present tense is in this verse: «{ اَلَّذِيْنَ اٰمَنُوْا وَ تَطْمَىِٕنُّ قُلُوْبُهُمْ بِذِكْرِ اللّٰهِ اَلَا بِذِكْرِ اللّٰهِ تَطْمَىِٕنُّ الْقُلُوْبُ }» [ الرعد : ۲۸ ] The disbelievers used to prevent the Muslims from entering Masjid al-Haram, performing prayers, and circumambulating before the migration (Hijrah) (Alaq: 9, 10), and even after the migration, when they came for Umrah in the 6th year of Hijrah, the disbelievers prevented them from performing Umrah. See Surah al-Fath (25, 26) and al-Baqarah (217). As a result, due to preventing from the path of Allah, the disbelievers became deserving of a painful punishment, whereas the Muslims, due to walking on the path of Allah ({صِرَاطِ الْحَمِيْدِ}), will enter Paradise.

➋ { وَ الْمَسْجِدِ الْحَرَامِ الَّذِيْ جَعَلْنٰهُ لِلنَّاسِ … :} Although preventing from the path of Allah included preventing from Masjid al-Haram, it was mentioned separately. The purpose is to highlight the greatness of Masjid al-Haram, and accordingly, to move towards its construction, the beginning of Hajj, circumambulation, and some other rulings, then sacrifice, its wisdom, and importance.

➌ The literal meaning of { ’’ الْعَاكِفُ ‘‘} is "one who restrains himself," and what is meant is a resident of Makkah, because in contrast to this, {’’الْبَادِ ‘‘} is coming, meaning "Badiyah" (outsider). It is a description of the oppression of the disbelievers that they prevent people from this mosque in which worship, circumambulation, Umrah, and Hajj are the equal right of all people, whether they are residents of Makkah or outsiders. Jubayr bin Mut'im (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: [ يَا بَنِيْ عَبْدِ مَنَافٍ ! لَا تَمْنَعُوْا أَحَدًا طَافَ بِهٰذَا الْبَيْتِ وَصَلَّی أَيَّةَ سَاعَةٍ شَاءَ مِنْ لَيْلٍ أَوْ نَهَارٍ ] [ ترمذي، الحج، باب ما جاء في الصلاۃ بعد العصر… : ۸۶۸ ] "O Banu Abd Manaf! Do not prevent anyone who wishes to circumambulate this House at any hour of the night or day, or wishes to pray (in it)." From this, it is known that even in the prohibited times of prayer in Masjid al-Haram, prayer and circumambulation are permissible.

➍ It is stated in Taysir al-Qur'an that a question arises here: what are those rights in which Allah Almighty has made the people of Makkah and those coming from outside equal partners, and is the relation of these rights and their equality only with Bayt al-Haram or Ka'bah, or with the entire Haram of Makkah? As far as only Bayt Allah is concerned, and the performance of prayer, circumambulation, and the rites of Hajj are concerned, there is no disagreement among anyone regarding this right of worship of the people of Makkah and outsiders. The people of Makkah have absolutely no right to prevent outsiders from entering the Haram, performing prayers, circumambulating, or performing the rites of Hajj and Umrah, because in this right, the people of Makkah and outsiders are all equal partners. The point of disagreement is whether this right also relates to the entire Haram of Makkah or not? That is, should the doors of the entire Haram of Makkah remain open for outsiders so that whenever they wish, they may come and settle wherever they want inside the Haram of Makkah and stay, and no rent, etc., should be taken from them? There are two reasons for this difference: one is that most of the rites of Hajj are not only related to Bayt Allah but to the Haram of Makkah. Safa, Marwah, Mina, Muzdalifah, and Mash'ar al-Haram are all outside the boundaries of Bayt Allah, while they are inside the Haram of Makkah. The second reason is that Allah Almighty Himself, in some places, has mentioned Masjid al-Haram and by it meant the Haram of Makkah, for example, the statement of Allah: «{ ذٰلِكَ لِمَنْ لَّمْ يَكُنْ اَهْلُهٗ حَاضِرِي الْمَسْجِدِ الْحَرَامِ}» [ البقرۃ :۱۹۶] "This (concession) is for the one whose family are not residents of Masjid al-Haram." And it is obvious that no one resides inside Masjid al-Haram; here, necessarily, Masjid al-Haram means the Haram of Makkah. Similarly, in another place, He said: «{ وَ صَدٌّ عَنْ سَبِيْلِ اللّٰهِ وَ كُفْرٌۢ بِهٖ وَ الْمَسْجِدِ الْحَرَامِ }» [ البقرۃ : ۲۱۷ ] "And preventing from the path of Allah, and disbelief in Him, and preventing from Masjid al-Haram, and expelling its people from it is greater in the sight of Allah (than fighting in the sacred month)."

Then the next question arises: is it permissible to buy and sell land and houses in the Haram, and further, is their ownership and inheritance permissible or not? This is established from authentic hadiths that before Islam, people had rights of ownership, inheritance, selling, and renting of houses and lands in Makkah, which remained after Islam; Islam did not abrogate them. After the migration of the Messenger of Allah (peace and blessings be upon him), Aqil took possession of his house and then sold it. Thus, on the occasion of Hajjat al-Wada', he was asked where he would stay, so he (peace and blessings be upon him) said: [ وَهَلْ تَرَكَ عَقِيْلٌ مِنْ رِبَاعٍ أَوْ دُوْرٍ ] [ بخاري، الحج، باب توریث دور مکۃ و بیعہا و شرائہا… : ۱۵۸۸ ] "Did Aqil leave us any house (in which we may stay)?" Also, in the time of Umar (may Allah be pleased with him), Nafi' bin Abd al-Harith bought a house in Makkah from Safwan bin Umayyah to make it a prison, on the condition that if Umar (may Allah be pleased with him) approved the purchase, the sale would be complete, otherwise Safwan would get four hundred dinars. [ بخاري، في الخصومات، باب الربط والحبس في الحرم، قبل ح : ۲۴۲۳ ] From this hadith, it is known that buying and selling of houses in the Haram is permissible (those four hundred dinars would be considered rent for the period until Umar's decision or compensation for withholding the sale for that period). Some people, in opposition to the authentic narrations of Bukhari, have declared buying and selling of houses in Makkah and renting them out as forbidden based on weak narrations; not a single one of these is established from the Messenger of Allah (peace and blessings be upon him) with an authentic chain, some are disconnected, some are mursal, and in some there is a weak narrator. No religious ruling is established from anyone's statement other than the Messenger of Allah (peace and blessings be upon him). At most, it can be said that not taking rent for houses in Makkah is recommended, but it is difficult to deny its permissibility, and the position of Imam Bukhari (may Allah have mercy on him) himself is that buying, selling, and inheritance of houses in the Haram of Makkah is permissible, as is evident from the title {’’بَابُ تَوْرِيْثِ دُوْرِ مَكَّةَ وَ بَيْعِهَا وَ شِرَائِهَا‘‘} (The statement that houses in Makkah can be inherited and their buying and selling is permissible).

➎ {وَ مَنْ يُّرِدْ فِيْهِ بِاِلْحَادٍۭ بِظُلْمٍ … : ’’اِلْحَادٌ‘‘} means to deviate from the straight path. The word "zulm" (wrongdoing) is general, in which first comes disbelief and polytheism, then any act which Allah Almighty has forbidden, or neglecting any act which Allah has commanded, this includes innovation and any other sinful act, for example, not respecting the sanctity of the Haram, such as slaughtering its animals, cutting its trees, picking up someone's lost item unless he does not use it and always announces it, or hoarding. In short, deviating from the straight path in other places is a cause of painful punishment, but in the Haram of Makkah, even the intention of it is a cause of painful punishment.

25. 1 By "those who prevent," the disbelievers of Makkah are meant, who in the 6th year of Hijrah prevented the Muslims from going to Makkah to perform Umrah, and the Muslims had to return from Hudaybiyyah.

25. 2 There is a difference of opinion as to whether by Masjid al-Haram is meant only the specific mosque (the Ka'bah itself) or the entire Haram of Makkah. Because in some places in the Quran, the term Masjid al-Haram is used for the entire Haram of Makkah, that is, the part is mentioned but the whole is intended. Whoever goes to Makkah from anywhere for Hajj or Umrah has the right to stay wherever he wishes; it is the responsibility of the residents not to prevent them from staying in their homes. Another opinion is that houses and lands can be privately owned, and proprietary transactions in them, such as selling or renting, are permissible. However, those places that are related to the rites of Hajj, such as the fields of Mina, Muzdalifah, and Arafat, are public endowments. Private ownership in them is not permissible. This issue has been a significant point of difference among the early jurists. However, nowadays, almost all scholars have accepted private ownership, and this issue is no longer considered disputed. Maulana Mufti Muhammad Shafi' (may Allah have mercy on him) has also declared the chosen position of Imam Abu Hanifah and the jurists to be this one. (See: Ma'ariful Qur'an, Volume 6, page 253)

25. 3 The literal meaning of "ilhād" is deviation; here it is general, from disbelief and polytheism to every kind of sin. In fact, based on some Quranic words, some are of the opinion that even if someone merely intends to commit a sin in the Haram (even if he is unable to act upon it), he is included in this warning. Some say that mere intention will not be held accountable, as is clear from other verses. However, if the intention reaches the level of firm resolve, then accountability may occur. (Fath al-Qadeer)

25. 4 This is the recompense for those who commit the aforementioned sins.

25. Surely those who disbelieve and hinder people from the path of Allah and from the Sacred Mosque (Masjid al-Haram) [30]—the Mosque which We have made equally accessible for its residents and for those coming from outside [31]—and whoever seeks to commit injustice therein by deviation [32], We shall make him taste a painful punishment.

[30]
The Restrictions on Muslims Entering the Ka'bah Remained Until the Conquest of Makkah:

The reference is to the disbelievers of Makkah, who had imposed such restrictions on the Muslims that they could neither perform prayers in the House of Allah, nor perform Tawaf, nor fulfill the rites of Hajj and Umrah. Firstly, they themselves were polytheists and disbelievers, and had filled the Ka'bah with the filth of idols. Furthermore, they had blocked all paths for the monotheists. Fourteen hundred Muslims came with the Messenger of Allah ﷺ to perform Umrah, but the disbelievers resolved to fight them, and at the place of Hudaybiyyah, they were prevented from performing Umrah. These restrictions on the Muslims remained in place until the Conquest of Makkah. After the Conquest of Makkah, when the power of disbelief was broken, these restrictions were automatically lifted. Regarding such people, it has been stated that in the Hereafter, they will taste a painful punishment.

[31] Here, an important question arises: what are those rights in which Allah Almighty has made the people of Makkah and those coming from outside equal partners? And is the equality of these rights related only to the Sacred House or Ka'bah, or to the entire Haram of Makkah? As far as the Sacred House is concerned, and the performance of prayers, Tawaf, and the rites of Hajj are concerned, there is no disagreement that the people of Makkah and outsiders are equal partners in this right of worship. The people of Makkah have absolutely no right to prevent outsiders from entering the Haram, performing prayers, performing Tawaf, or fulfilling the rites of Hajj and Umrah, because in this right, the people of Makkah and outsiders are all equal partners. The disagreement is whether this right also extends to the entire Haram of Makkah or not. That is, should the doors of the entire Haram of Makkah remain open for outsiders so that they may come and settle wherever they wish within the Haram, and should no rent, etc., be taken from them? There are two reasons for this disagreement. One is that most of the rites of Hajj are not limited to the Sacred House but are related to the Haram of Makkah. Safa, Marwah, Mina, Muzdalifah, Arafat, and Mash'ar al-Haram are all outside the boundaries of the Sacred House but within the Haram of Makkah. The second reason is that Allah Almighty Himself, in some places, has mentioned Masjid al-Haram and by it meant the Haram of Makkah. For example, the Divine statement:

The Rights of Outside Travelers in the Haram of Makkah:

﴿ذٰلِكَ لِمَنْ لَّمْ يَكُنْ اهَْلُهٗ حَاضِرِي الْمَسْجِدِ الْحَرَامِ﴾ [196: 2] That is, this concession is for the one whose family are not residents of Masjid al-Haram. And it is obvious that no one resides inside Masjid al-Haram. Here, necessarily, Masjid al-Haram refers to the Haram of Makkah. Similarly, in another place, it is stated: ﴿وَالْمَسْجِدِ الْحَرَامِ وَإِخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ عِندَ اللَّهِ﴾ [217: 2] "Preventing from Masjid al-Haram and expelling its inhabitants from there is a greater sin than fighting in the sacred month." Then the next question arises: is it permissible to buy and sell land and houses in the Haram, and further, is ownership and inheritance of them also permissible or not? It is established from the hadiths that before Islam, people had rights of ownership, inheritance, sale, and lease over the houses and lands of Makkah, which remained in effect after Islam, and Islam did not abrogate them. After the migration of the Messenger of Allah ﷺ, Aqil took possession of his house and then sold it. During the Farewell Pilgrimage, you were asked where you would stay, and you ﷺ replied: "Aqil has not left any house for us to stay in." [بخاري۔ كتاب المناسك۔ باب توريث دور مكه و بيها شرائها]

The Permissibility of Buying and Selling Property in the Haram of Makkah:

During the time of Sayyiduna Umar ؓ, Nafi' bin 'Abd al-Harith bought a house in Makkah from Safwan bin Umayyah to make it a prison, on the condition that if Umar ؓ approved the purchase, the sale would be complete; otherwise, Safwan would receive four hundred dinars as rent. [بخاري۔ كتاب فى الخصويات۔ باب الربط والحبس فى الحرم]
From this hadith, it is understood that buying and selling houses in the Haram is permissible, as is taking rent. Considering all these matters, it becomes clear that not taking rent for houses in Makkah and Mina is preferable, but it is difficult to deny its permissibility. Imam Bukhari's own position is that buying and selling houses, inheritance, etc., in the Haram of Makkah is all permissible, as is evident from the chapter title "Inheritance of the Houses of Makkah, Their Sale, and Their Purchase."

[32] That is, whoever deliberately commits any act of irreligion or mischief in Makkah, or does not observe its sanctity, will receive double the punishment compared to committing the same crimes elsewhere. In view of the sanctity of Makkah, the following acts are prohibited there:

Which Acts Are Prohibited in the Haram of Makkah:

Allah has declared the Haram of Makkah a place of peace. Therefore, there:

1. Neither military action nor fighting is permissible, nor is it allowed to raise weapons without necessity. Even if a criminal takes refuge in the Haram, as long as he is in the Haram, he should not be harmed.
2. The animals of the Haram of Makkah are also protected and secure. They cannot be hunted, nor can they be driven for hunting. However, it is permitted to kill harmful animals even in the Haram.
3. The plants, trees, and grass of the Haram of Makkah are also protected and secure. However, due to certain economic needs, permission has been given to cut the grass called "izkhir."
4. It is not permissible to pick up any lost item from the Haram of Makkah, except if the person picking it up knows the owner and returns it to him.

Most of the above matters are such that they are permissible in other places, but due to the sanctity of the Ka'bah, they are not permissible in the Haram of Makkah. Then, such acts as atheism, irreligion, and mischief, which are prohibited even in other places, if committed in the Haram of Makkah, how severe does the crime become? Accordingly, the punishment for it is also increased.