Is compensation required for damaging trees and vegetation within the Sacred Precinct (Haram)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Compensation is obligatory for the destruction of trees and vegetation within the Sacred Precinct. This view is held by Al-Shafi'i and the Ashab al-Ra'y (Hanafi school). It is narrated from Ibn Abbas and Atta. The evidence includes the action of Umar ibn al-Khattab, who ordered the cutting down of trees harming those performing Tawaf in the Masjid and subsequently provided compensation (Fidya). Furthermore, Ibn Abbas stated that a large tree (Dauhah) requires compensation equivalent to a cow (Baqara), and a small tree (Jazalah) requires a sheep (Shāh). The basis for this obligation is that one is prohibited from destroying them due to the sanctity of the Haram, making it liable for compensation similar to hunting game. Consequently, a large tree demands a cow, a small tree a sheep, and vegetation its value, while a broken branch requires compensation for the resulting diminution in value. This position is adopted by Al-Shafi'i.
Supporting text
Malik, Abu Thawr, Dawud, and Ibn al-Mundhir hold that no compensation is due. They reason that what is prohibited for a pilgrim (Muhram) to destroy in the outer areas (Hill) is not liable for compensation, and thus the same applies to the Haram, analogous to cultivated crops.