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.