The ruling on cutting trees in the Haram and Madinah, and the expiation for it
Machine translationRead the Arabic original
The questioner:
Yes. Yes. If someone cuts a tree, what is required of him?
The Shaykh:
For some of them, no expiation is required if it is a large tree, in which case it is a camel or a cow, and if it is small, it is a sheep. However, there is no evidence for this from the Prophet (peace and blessings be upon him); rather, he is only required to repent and seek forgiveness.
The questioner:
What if this tree is one upon which people make vows or commit shirk (associating partners with Allah)?
The Shaykh:
If he removes it to eliminate evil, he will be rewarded, if Allah wills, just as 'Umar removed the tree under which the Prophet (peace and blessings be upon him) was pledged allegiance.
The questioner:
Who said there is an expiation?
The Shaykh:
If there is a tree in this place that people believe in, and he removes it, he will be rewarded, if Allah wills.
The questioner:
Who said the expiation in this case, in such a situation, is from the public treasury?
The Shaykh:
No, the correct view is that it is not required. It is narrated from some of the Companions that there is an expiation, but there is no evidence from the Prophet (peace and blessings be upon him); rather, it is only repentance. Peace be upon you.
The questioner:
A person says: I hunt scorpions and sell them.
The Shaykh:
No, there is no harm; he may sell them and eat them, and there is no blame on him.
The questioner:
If someone wants to build in the Haram, how does he remove the trees? How? If someone wants to build in the Haram, how does he remove the trees?
The Shaykh:
This is a matter for consideration. It is to be seen that he removes them when there is a need, and that the prohibition is when there is no need, regarding the cutting of trees in the Haram, when there is no need. So if people need housing, they remove them, either with an expiation as some of the Companions said, or without an expiation. If he pays the expiation, that is good; otherwise, there is no clear evidence for me regarding the expiation. The Prophet (peace and blessings be upon him) prohibited cutting trees, but he did not say that whoever cuts them must pay such-and-such an expiation.
The questioner:
In Madinah, it is the same.
The Shaykh:
Allah knows best. The closest view, and Allah knows best, is that when there is a need for housing, there is no harm. As for cutting the trees wantonly, it is not permissible.
The questioner:
Meaning, if I have a need, I cut them. What is your opinion?
The Shaykh:
He may reside, he may build and reside. If he pays the expiation as some of the Companions said, there is no harm. If he does not pay it, there is no blame due to the lack of evidence. As a precaution, yes.
The questioner:
What is the ruling on sitting on this?
The Shaykh:
Huh? Yes.
The questioner:
For cutting the tree.
The Shaykh:
For the poor; he gives charity to the poor.
The questioner:
The value of the expiation for cutting the tree is a guest.
The Shaykh:
For the small tree, a sheep; for the large tree, a cow or a camel. This is the view narrated from some of the Companions. Yes.
The questioner:
Does this include trees planted by humans?
The Shaykh:
The one planted by a human, he does not remove it. This grew by the action of Allah without human action. As for the one planted by a human, if he planted a tree for himself, he may cut it.
The questioner:
We are in Makkah.
The Shaykh:
Yes, especially when it is...
The questioner:
In Madinah. Yes. Some jurists give examples regarding...
The Shaykh:
From the perspective that Madinah is easier, from the perspective that if he planted it, and if he did not plant it, he does not cut it except when there is a need.
The questioner:
But if it is cut, is an expiation required in Madinah?
The Shaykh:
It needs consideration. Look at what was narrated from the Companions regarding this. Yes, review what was narrated regarding this. Yes, regarding the original ruling, there is no expiation in any of them. The original ruling is no expiation. If he needs to cut it, there is no expiation. This is the original ruling.
The questioner:
If the trees are many. If...
The Shaykh:
The original ruling is that if there is a need, there is no harm, and no expiation is required. The Messenger (peace and blessings be upon him) prohibited cutting the tree, but he did not say that whoever cuts it must pay such-and-such, as was the case with hunting. If...
The questioner:
A video is being shown to us.
The Shaykh:
Every tree has its expiation, according to those who said there is an expiation.
Yes. Yes. If someone cuts a tree, what is required of him?
The Shaykh:
For some of them, no expiation is required if it is a large tree, in which case it is a camel or a cow, and if it is small, it is a sheep. However, there is no evidence for this from the Prophet (peace and blessings be upon him); rather, he is only required to repent and seek forgiveness.
The questioner:
What if this tree is one upon which people make vows or commit shirk (associating partners with Allah)?
The Shaykh:
If he removes it to eliminate evil, he will be rewarded, if Allah wills, just as 'Umar removed the tree under which the Prophet (peace and blessings be upon him) was pledged allegiance.
The questioner:
Who said there is an expiation?
The Shaykh:
If there is a tree in this place that people believe in, and he removes it, he will be rewarded, if Allah wills.
The questioner:
Who said the expiation in this case, in such a situation, is from the public treasury?
The Shaykh:
No, the correct view is that it is not required. It is narrated from some of the Companions that there is an expiation, but there is no evidence from the Prophet (peace and blessings be upon him); rather, it is only repentance. Peace be upon you.
The questioner:
A person says: I hunt scorpions and sell them.
The Shaykh:
No, there is no harm; he may sell them and eat them, and there is no blame on him.
The questioner:
If someone wants to build in the Haram, how does he remove the trees? How? If someone wants to build in the Haram, how does he remove the trees?
The Shaykh:
This is a matter for consideration. It is to be seen that he removes them when there is a need, and that the prohibition is when there is no need, regarding the cutting of trees in the Haram, when there is no need. So if people need housing, they remove them, either with an expiation as some of the Companions said, or without an expiation. If he pays the expiation, that is good; otherwise, there is no clear evidence for me regarding the expiation. The Prophet (peace and blessings be upon him) prohibited cutting trees, but he did not say that whoever cuts them must pay such-and-such an expiation.
The questioner:
In Madinah, it is the same.
The Shaykh:
Allah knows best. The closest view, and Allah knows best, is that when there is a need for housing, there is no harm. As for cutting the trees wantonly, it is not permissible.
The questioner:
Meaning, if I have a need, I cut them. What is your opinion?
The Shaykh:
He may reside, he may build and reside. If he pays the expiation as some of the Companions said, there is no harm. If he does not pay it, there is no blame due to the lack of evidence. As a precaution, yes.
The questioner:
What is the ruling on sitting on this?
The Shaykh:
Huh? Yes.
The questioner:
For cutting the tree.
The Shaykh:
For the poor; he gives charity to the poor.
The questioner:
The value of the expiation for cutting the tree is a guest.
The Shaykh:
For the small tree, a sheep; for the large tree, a cow or a camel. This is the view narrated from some of the Companions. Yes.
The questioner:
Does this include trees planted by humans?
The Shaykh:
The one planted by a human, he does not remove it. This grew by the action of Allah without human action. As for the one planted by a human, if he planted a tree for himself, he may cut it.
The questioner:
We are in Makkah.
The Shaykh:
Yes, especially when it is...
The questioner:
In Madinah. Yes. Some jurists give examples regarding...
The Shaykh:
From the perspective that Madinah is easier, from the perspective that if he planted it, and if he did not plant it, he does not cut it except when there is a need.
The questioner:
But if it is cut, is an expiation required in Madinah?
The Shaykh:
It needs consideration. Look at what was narrated from the Companions regarding this. Yes, review what was narrated regarding this. Yes, regarding the original ruling, there is no expiation in any of them. The original ruling is no expiation. If he needs to cut it, there is no expiation. This is the original ruling.
The questioner:
If the trees are many. If...
The Shaykh:
The original ruling is that if there is a need, there is no harm, and no expiation is required. The Messenger (peace and blessings be upon him) prohibited cutting the tree, but he did not say that whoever cuts it must pay such-and-such, as was the case with hunting. If...
The questioner:
A video is being shown to us.
The Shaykh:
Every tree has its expiation, according to those who said there is an expiation.
Source
التعليق على بعض أحاديث مسند أحمد، تابع شرح مسند ابن عباس، من أول حديث: أن نبي الله صلى الله عليه وسلم أقبل إليهم مسرعا قال حتى أفزعنا من سرعته — islamhouse.com (5:33)
The Arabic text is a machine transcription of the audio recording.