Chapter: The inheritance of houses in Makkah, their sale and purchase, and that people are equal in the Sacred Mosque, specifically.
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The reader: Chapter on the inheritance of the dwellings of Makkah, their sale and purchase, and that people are equal in the Sacred Mosque, specifically, based on the saying of Allah the Exalted: [Al-Hajj 22:25]. The one who is not from there: the one who comes from outside.
The Shaykh : Constrained means, and the sacrificial animals are constrained, that is another verse.
The reader: I have a smudge, constrained means detained.
The Shaykh : By this, may Allah have mercy on him, he means the one who resides therein, i.e., the resident who does not leave it, like the one who is detained, meaning the resident who does not leave, like the one who is detained. As for the one who is not from there, he is the one who comes from outside, and it is called by the jurists al-afaqi, derived from al-afaq (the horizons). In reality, the scholars differed on this issue regarding the inheritance of the dwellings of Makkah, their sale and purchase, and that people are equal in the Sacred Mosque, specifically, meaning in the mosque which is the mosque. Inheriting them means that they are inherited, and their sale and purchase is based on the fact that they are owned. The scholars, may Allah have mercy on them, differed on this issue. Some said that it is not permissible to sell them, buy them, or rent them out, based on the saying of Allah the Exalted:[Al-Hajj 22:25]. Some said that it is permissible to sell them, buy them, and rent them out, because if inheritance is established, ownership is established, and if ownership is established, it includes ownership of the property itself and ownership of its use. Some distinguished and said: As for their ownership, sale, and purchase as property, there is no harm in it, and it is established. But as for renting them out, it is not permissible. And whoever has surplus dwellings in Makkah must open them to the pilgrims so that he does not monopolize them. They reasoned this by saying that Makkah is a sanctuary like the mosques. This is the choice of Shaykh al-Islam Ibn Taymiyyah, that ownership of the property itself applies there, including sale, purchase, gift, inheritance, and the like, but ownership of the benefit does not apply. Rather, the owner of the house has more right to it than others, and if he has no need for it, he must open it for people to reside in it without rent. However, the current practice is that it is full ownership, where the owner owns both the property and the benefit. Therefore, trading takes place in it, and renting, pledging, taking a pledge, and endowment, and the like, take place. We mention the disagreement.
Indeed, those who have disbelieved and avert [people] from the way of Allah and [from] al-Masjid al-Haram, which We made for the people - equal are the resident therein and one from outside; and [also] whoever intends [a deed] therein of deviation [in religion] or wrongdoing - We will make him taste of a painful punishment.
إن الذين كفروا ويصدون عن سبيل الله والمسجد الحرام الذي جعلناه للناس سواء العاكف فيه والباد ومن يرد فيه بإلحاد بظلم نذقه من عذاب أليمThe Shaykh : Constrained means, and the sacrificial animals are constrained, that is another verse.
The reader: I have a smudge, constrained means detained.
The Shaykh : By this, may Allah have mercy on him, he means the one who resides therein, i.e., the resident who does not leave it, like the one who is detained, meaning the resident who does not leave, like the one who is detained. As for the one who is not from there, he is the one who comes from outside, and it is called by the jurists al-afaqi, derived from al-afaq (the horizons). In reality, the scholars differed on this issue regarding the inheritance of the dwellings of Makkah, their sale and purchase, and that people are equal in the Sacred Mosque, specifically, meaning in the mosque which is the mosque. Inheriting them means that they are inherited, and their sale and purchase is based on the fact that they are owned. The scholars, may Allah have mercy on them, differed on this issue. Some said that it is not permissible to sell them, buy them, or rent them out, based on the saying of Allah the Exalted: