What is the liability for cutting trees cultivated by humans within the sanctuary?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
Abu al-Khattab and Ibn 'Aqil hold that cultivated trees can be uprooted without liability, similar to crops. Al-Qadi states that if a plant rooted in the permissible area (Hill) is planted in the sanctuary, there is no penalty; however, if the plant's root originated in the sanctuary, a penalty is due in all cases. The preference leans towards applying the general prohibition of felling all trees mentioned in the Hadith ('Do not fell its trees'), except for trees of the same species cultivated by humans, by analogy with cultivated crops and domesticated animals.
Supporting text
Al-Shafi'i maintains that there is liability for all trees in the sanctuary, whether cultivated by humans or growing naturally, due to the general wording of the Prophet's saying, 'Do not fell its trees.' Abu Hanifah argues that there is no penalty for species cultivated by humans, such as walnuts, almonds, and palms, nor for others cultivated by humans, such as Dawah, Salm, and 'Adah, because the sanctity of the Haram specifically pertains to wild game and wild trees. Al-Kharqi's statement about 'what man sows' can be interpreted to include cultivated trees, aligning with Al-Shafi'i's view, or restricted to annual crops.