Azami 9199

Abu Dawud recorded it (3023) from Hasan bin Sabbah, who said, "Ismail, meaning Ibn Abdul-Kareem, narrated to us, Ibrahim bin Aqeel bin Maqil narrated to me, from his father, from Wahb bin Munabbi, who said, 'I asked Jabir,' and he mentioned it." Its chain of transmission is hasan because of Ibrahim bin Aqeel bin Maqil Sanani, for he is trustworthy. Ibn Hajar also graded it hasan in Fath al-Bari (13/8). It contains evidence for those who say that Makkah was conquered by treaty, and there are further details on this matter in the books of jurisprudence.The hadith is evidence that Makkah was conquered by treaty, and the fact that Khalid bin Walid killed a number of the polytheists did not turn it into a conquest by force, because that was his own independent judgment and an act of self-defense, and it was not by order of the Prophet ﷺ. That is why no distribution of spoils took place there, nor were its people taken captive. This is the view of Shafii.Malik and the majority of jurists said that it was conquered by force. Their evidence is the saying of Allah, "Indeed, We have given you a clear conquest" [Fath 48:1]. Wording of this kind is not used for a treaty, but only for overpowering and subjugation. There is also the statement of Abu Sufyan, "The flourishing strength of Quraysh has been wiped out, there is no Quraysh after today," which points to fighting. The Prophet ﷺ said, "Whoever enters the house of Abu Sufyan is safe, and whoever lays down his weapon is safe." They have other evidences as well in the books of jurisprudence.This disagreement has a bearing on whether it is permissible to sell and rent the houses of Makkah or not. Whoever holds that it was conquered by treaty permits the sale of its houses and properties, and this is the view of Shafii and his companions. Something similar has also been reported from Abu Hanifa. Among their evidences is the saying of Allah, "For the poor emigrants who were expelled from their homes" [Surah Hashr 59:8], where He attributes the homes and wealth to them, which is an explicit statement of ownership. Likewise the statement of the Prophet ﷺ, "Whoever enters the house of Abu Sufyan is safe," attributes the house to him.Bukhari mentioned, as a suspended report (2443) before this hadith, that Nafi bin Abdul-Harith bought a house in Makkah from Safwan bin Umaya to use as a prison, on the condition that if Umar approved, the sale would stand, and if Umar did not approve, Safwan would receive four hundred dinars. Ibn Abu Shayba (23662) and Bayhaqi (4/34) connected it with a complete chain. It is said that Umar confirmed the sale, and this was the first prison established in Islam.Nafi bin Abdul-Harith Khuzai was one of the senior companions. He accepted Islam on the day of the Conquest, then settled in Makkah and did not emigrate, and Umar bin Khattab appointed him governor over Makkah. This is explicit evidence for the permissibility of selling the houses and properties of Makkah, and there has been a consensus from the time of the Prophet ﷺ and the time of the companions up to our own day on the permissibility of this, and we have not found anyone who objects to it.The exception is what has been reported from Malik, may Allah have mercy on him, that it is not permissible to sell or rent its houses, though it has also been reported from him that if they are sold or rented, the transaction is not annulled.As for what has been reported from Ibn Abu Najeeh, from Abdullah bin Amr bin As, that the Messenger of Allah said, "Makkah is sacred, and selling its dwellings is forbidden, and renting its houses is forbidden," this has a broken chain, because Ibn Abu Najeeh never met Abdullah bin Amr bin As. Daraqutni (3014) and Hakim (2/53) both recorded it through the route of Ibn Abu Najeeh, from Abdullah bin Amr bin As, with this wording. Daraqutni said, "The correct view is that it is a stopped report."Hakim also recorded it (53/2) through another route, from Ismail bin Ibrahim bin Muhajir, from his father, from Abdullah bin Babah, from Abdullah bin Amr bin As, with this wording. Dhahabi said, "Ismail, they declared him daif."