Leasing Dwellings in Makkah and the Debate Between al-Shafi'i and Ishaq

Question:
What is the ruling on renting out houses in Makkah? And what is the authenticity of the munazarah (debate) mentioned by Ibn Taymiyyah between Ishaq and one of the scholars?

Answer:
There is a disagreement among the scholars regarding leasing dwellings in Makkah. This disagreement is based on whether the lands of Makkah can be owned or whether they are shared among the Muslims. There is a long-standing disagreement among the scholars on this point, and the correct view is that they can be owned, except for the lands of the sacred sites. Except for the lands of the sacred sites, it is permissible to own them, build on them, reside in them, and lease them. This is the correct view, and it is the position of al-Shafi'i. The one who debated was al-Shafi'i and Ishaq ibn Rahawayh in the Sacred Mosque. Al-Shafi'i held that leasing dwellings in Makkah is permissible, while Ishaq held that it is prohibited, similar to Imam Ahmad ibn Hanbal (may Allah have mercy on him), who held that it is prohibited. They debated this issue, meaning each of these two scholars presented the evidence he had. This is the meaning of a debate: it is not argumentation, contention, or refutation. No, a debate is when two scholars meet, and each presents the evidence he has, discusses it with his brother, and sees which of the two is on the side of the truth. This is what happened between the two Imams: Ishaq ibn Rahawayh, the Imam of the people of the East, and Imam al-Shafi'i, the well-known Imam, one of the Four Imams (may Allah have mercy on them). As I mentioned to you, the result is that it is a matter of disagreement among the scholars, and the correct view is that, except for the lands of the sacred sites, they can be owned and sold, based on the saying of the Messenger (peace and blessings be upon him) when he arrived in Makkah and was asked, "Will you stay in your house tomorrow?" He said: . Also, Hakim ibn Hizam (may Allah be pleased with him) sold Dar al-Nadwah; he sold it, and it was made into a prison. This indicates the permissibility of selling dwellings in Makkah out of necessity, except for the sacred sites, which are Mina, Muzdalifah, and 'Arafah. It is not permissible to own these, nor is it permissible to establish anything in them, based on the saying of the Messenger (peace and blessings be upon him): .