Discussion of the ruling on selling and renting houses in Makkah.

The Shaykh : Now, the author of the text did not mention the houses of Makkah, but the commentator did. It is not permissible to sell or rent out the houses of Makkah, as they are narrower than what was taken by force; therefore, selling them as one sells houses, or renting them out, is not permissible. If people were to act upon this ruling, it would cause much difficulty, but the jurists who hold the view of prohibition eased the matter for people. They said that if a person finds no place to live except by paying rent, he does not sin by paying it, and the sin is upon the one who takes the rent, because he is not entitled to it. This is regarding Makkah; what then of the sacred sites where it is necessary for a person to remain? Selling them is even more clearly forbidden. Therefore, there is no doubt that those who built in Mina, Muzdalifah, or 'Arafah are certainly usurpers and sinners, because these are sacred sites where Muslims must stay, and they are like mosques. If a person came to a large congregational mosque, built a room in it, and started renting it out, what would be the ruling? It would be forbidden. Now, Mina is a sacred site where Muslims must stay, and staying overnight there is one of the obligatory acts of Hajj. So if a person builds there and starts renting it out to people, he is certainly a usurper, a sinner, and an oppressor, and it is not permissible for him to do so. He is even more sinful than the one who sells dwellings in Makkah, because a person is not required to stay in Makkah, as it is permissible for him to leave by land and stay elsewhere. Now.