A non-Muslim granted safe conduct entering Makkah and al-Madinah
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Question:
Honorable Shaykh, if a person requests safe conduct to enter the lands of the Muslims, is that possible, even in Makkah and al-Madinah?
Answer:
As for Makkah, no. Makkah is not entered by a disbeliever under any circumstances, neither a dhimmi (a non-Muslim under Muslim protection) nor anyone else, nor a treaty partner, nor a non-Muslim granted safe conduct. Within the boundaries of the Haram, it is forbidden, due to the saying of Allah the Exalted:[At-Tawbah 9:28]. This is the case until the Day of Resurrection.
As for al-Madinah, yes, they enter it. It is permissible for a disbeliever to enter the Haram of al-Madinah. They entered upon the Messenger of Allah (peace and blessings be upon him) until they entered upon him in the mosque, sat with him, and negotiated with him in the mosque. Some of the disbeliever prisoners were tied up in the mosque. This is in al-Madinah; there is nothing wrong with it. Yes.
Honorable Shaykh, if a person requests safe conduct to enter the lands of the Muslims, is that possible, even in Makkah and al-Madinah?
Answer:
As for Makkah, no. Makkah is not entered by a disbeliever under any circumstances, neither a dhimmi (a non-Muslim under Muslim protection) nor anyone else, nor a treaty partner, nor a non-Muslim granted safe conduct. Within the boundaries of the Haram, it is forbidden, due to the saying of Allah the Exalted:
O you who have believed, indeed the polytheists are unclean, so let them not approach al-Masjid al-Haram after this, their [final] year.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْمُشْرِكُونَ نَجَسٌ فَلَا يَقْرَبُوا الْمَسْجِدَ الْحَرَامَ بَعْدَ عَامِهِمْ هَٰذَاAs for al-Madinah, yes, they enter it. It is permissible for a disbeliever to enter the Haram of al-Madinah. They entered upon the Messenger of Allah (peace and blessings be upon him) until they entered upon him in the mosque, sat with him, and negotiated with him in the mosque. Some of the disbeliever prisoners were tied up in the mosque. This is in al-Madinah; there is nothing wrong with it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجهاد - 4 — islamhouse.com (58:57)
The Arabic text is a machine transcription of the audio recording.