The Ruling on Owning and Selling Land in Makkah

The questioner:
May Allah reward you. Honorable Shaykh, this questioner asks: Is it permissible for anyone to own land in Makkah, given that the Prophet (peace and blessings be upon him) endowed it?

The Shaykh:
What is the statement that he endowed it? The statement is that it is forbidden, in the sense that Makkah is a sanctuary. Its paths are for the Muslims. There is scholarly disagreement on this issue: does one own the land of Makkah, meaning can it be sold and bought, or is it for any Muslim who needs it to reside there without rent? There are two opinions, and the correct one is that it can be owned, sold, bought, and rented out. Otherwise, Makkah would have fallen into ruin. The fact that it is owned, built upon, rented out, and sold is a development of Makkah, and this is in the interest of the pilgrims and those performing 'Umrah as well.

The presenter:
May Allah reward you.

The Shaykh:
Al-Shafi'i (may Allah have mercy on him) held that it is shared property that is not sold or rented out. This is the school of Al-Shafi'i (may Allah have mercy on him).

The presenter:
May Allah reward you.

The Shaykh:
It is sold, as when it was said to the Messenger (peace and blessings be upon him): "Will you not descend to your home tomorrow?" He said: "Has 'Aqil left us any land or date palm?" Meaning, 'Aqil ibn Abi Talib sold the homes of the Muhajireen, which indicates that they are sold. Yes.