Surah Al-Hajj (22) — Ayah 25

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.