Tafsir of Al-Hajj 22:25

"Indeed, those who have disbelieved and avert [people] from the way of Allah and [from] al-Masjid al-Haram..."

This is a threat against a type of disbeliever. The use of the imperfect (present) tense yassuddun (avert) as a conjunction to the perfect (past) tense kafaru (disbelieved) is acceptable because the imperfect is not intended to denote the present or future exclusively, as is the case in phrases such as "he does not show kindness to the poor." The intended meaning here is the continuous existence of the act of averting. It is also said that yassuddun is synonymous with sadddu (they averted), but the imperfect was used to bring the past image to mind, thereby emphasizing the gravity of the act of averting.

It is also said that there is no conjunction here; rather, the sentence is the predicate of an omitted subject, and the entire clause functions as an adverbial state (hal) of the subject of kafaru (i.e., "while they avert"). It is also permitted that the sentence be an adverbial state without the estimation of a subject, due to its resemblance to a nominal sentence in meaning.

The predicate of inna (Indeed) is omitted, as indicated by the end of the noble verse: "We will make him taste of a painful punishment." Az-Zamakhshari estimated it after "Al-Masjid al-Haram." Abu Hayyan criticized this, arguing it is invalid because it creates a separation between the adjective (al-masjid) and the noun being described (al-ladhi). It was answered that it is possible al-ladhi was considered detached [from the preceding clause]. Ibn Atiyyah estimated it after the ba (in bil-had), which is better, though he estimated "they have lost" or "they have perished"—however, estimating "We will make him taste..." is better than that.

Some say the waw (and) in wa yassuddun is redundant and the following sentence contains two predicates. Ibn Atiyyah criticized this, noting it corrupts the intended meaning, and others noted that the Basrans do not permit the redundancy of the waw; the claim that it is permissible is a Kufan view that is rejected.

The apparent meaning is that "al-Masjid" is conjoined to "sabil" (way). It is also permitted that it be conjoined to the Exalted Name (Allah). As narrated from Ibn Abbas (may Allah be pleased with them both), the verse was revealed concerning Abu Sufyan ibn Harb and his companions when they prevented the Messenger of Allah (may Allah bless him and grant him peace) and his companions (may Allah be pleased with them) from [reaching] al-Masjid al-Haram in the year of al-Hudaybiyyah. The Prophet (peace and blessings be upon him) disliked fighting them, as he was in the state of ihram for Umrah. They then made a treaty that he would return the following year.

"Al-Masjid al-Haram" means Makkah, and it is referred to by this name because it is the most important part of it. This is supported by His saying: "...which We have made for the people..."—meaning whoever they may be, without distinction between a Makkan and an outsider. "...equal are the resident therein and the visitor"—meaning the resident and the new arrival. For residence does not occur within the Mosque itself, but in the houses of Makkah. Describing it in this manner adds to the denunciation of those who avert [people] from it.

Some scholars have cited this verse as evidence against the permissibility of selling or leasing houses in Makkah, for otherwise, the resident and the visitor would not be equal. This has been explicitly stated in several authentic hadiths. It is narrated through several chains that the Prophet (peace and blessings be upon him) said: "Makkah is made sacred by Allah; it is not lawful to sell its land/houses nor to lease its dwellings." Ibn Sabit mentioned that the houses of the people of Makkah had no doors until theft became frequent, at which point a man made a door. Umar (may Allah be pleased with him) disapproved, saying, "Do you block a door in the face of the pilgrims to the House of Allah?" The man replied, "I only intended to protect their belongings from theft," so he left it, and people began to make doors.

Ibn Majah and Ibn Abi Shaybah reported from Alqamah ibn Nadlah that he said: "The Messenger of Allah (peace and blessings be upon him), Abu Bakr, and Umar (may Allah be pleased with them) passed away, and the dwellings of Makkah were never locked; he who was in need lived there, and he who was wealthy provided housing." Ibn Umar (may Allah be pleased with them) said: "Whoever eats the rent of Makkah's houses while standing, eats fire in his belly, because people are equal in benefiting from them." The beginning of this hadith is narrated by Ad-Daraqutni as marfu (attributed to the Prophet).

In An-Nihayah, it is stated: "There is no harm in selling the building of Makkah, but it is disliked to sell its land." This is according to Abu Hanifah (may Allah be pleased with him). It is also said: "There is no harm in selling its land," which is another narration from him, and this is the school of Ash-Shafi'i (may Allah have mercy on him), and upon this is the fatwa. In Tanwir al-Absar and its commentary Ad-Durr al-Mukhtar: "It is permissible to sell the buildings and land of the houses of Makkah without dislike, and this is what Ash-Shafi'i said, and this is what is issued as fatwa." In al-Burhan, under the chapter on Al-Ushr: "It is not disliked to sell its land, just as it is not to sell its buildings, and this is what is practiced." In Mukhtarat an-Nawazil by the author of Al-Hidayah: "There is no harm in selling its buildings and leasing them," though in Az-Zayla'i and others, it states that leasing them is disliked.

At the end of the fifth chapter of At-Tatar-Khaniyyah and Ijarat al-Wahbaniyyah, Abu Hanifah said: "I dislike leasing the houses of Makkah during the pilgrimage season, and I would issue fatwas for people to let others lodge with them in their houses, based on His saying: 'equal are the resident therein and the visitor,' but he permitted it outside the season."

What is understood from Ghayat al-Bayan is that the view regarding the dislike of leasing its houses during the season is not a view held solely by the Imam (Abu Hanifah), but his two companions (Abu Yusuf and Muhammad) agreed with him. It has been established from the most authoritative books of our Hanafi scholars that the permissibility of selling the buildings of the houses is agreed upon, because it is the property of the one who built it, like one who builds on waqf land with the permission of the trustee.

As for the one who allows it, the scriptural evidence is this noble verse. The Shafi'ites replied that "al-Masjid al-Haram" here refers to the place of Tawaf, and the "resident" refers to the one in i'tikaf for worship, who is counted as being part of the Mosque due to his constant presence there. This is more apparent, as is the equation in that it is among the symbols of Allah set for every resident and visitor. This is opposed to the one described as averting from the way of Allah and al-Masjid al-Haram specifically.

The apparent meaning is that the reports explicitly stating the prohibition of sale and lease did not prove authentic according to Ash-Shafi'i (may Allah be pleased with him) and those who held his view. Sawa'un (equal) is in the accusative case as the second object of ja'alnahu, the first being the attached pronoun. Al-'akif (the resident) is in the nominative case because it is in the meaning of "equal," even if it is originally a noun.

It is also possible that "li-n-nas" (for the people) is in the position of the second object, meaning: "We have made it permissible for the people," or "a place of worship for them," and sawa'un is an adverbial state of the pronoun.

The majority recite sawa'un in the nominative as the predicate, with al-'akif as the subject. The inverse is considered weak because it would mean predicating a definite noun with an indefinite one. The sentence is in the position of the second object or an adverbial state.

"...and whoever intends [a deed] therein of deviation..."—the object is omitted to be inclusive of every intention, meaning whoever intends therein anything or any intent. Ibn Atiyyah estimated the object as "people," i.e., "whoever intends [to harm] people therein."

"...with injustice..."—meaning diverging from the truth, i.e., spiritual uprightness. Its origin is from the digging of a grave. "...by injustice [wrongly]..."—meaning without right. These are two synonymous adverbial states, or the second is a substitute for the first by repeating the preposition. The ba (in bi-zulm) indicates accompaniment.

"...We will make him taste of a painful punishment."

This is the response to the conditional man (whoever). The apparent meaning is that the threat applies to the intention of that [act] absolutely. This implies that whoever intends a sin in Makkah but does not commit it will be held accountable for the mere intention. This is the view of Ibn Mas'ud, Ikrimah, and Abu al-Hajjaj. Al-Khafaji said: "The threat is for the intention accompanied by action, not mere intention," yet the expression itself indicates the multiplication of sins in that place. Intention that is determined is something for which one is held accountable, even if it is not a major sin. It has been reported from Malik that he disliked residing in Makkah. Mujahid went with the view that sins are multiplied in Makkah, just as good deeds are. He said: "I asked Ibn Umar, who lived in the hil (outside the sanctuary) and prayed in the haram (sanctuary), 'Why do you do this?' He replied: 'Because action in the sanctuary is better, and sin in it is greater, so it behooves one who is in it to restrain himself and follow the path of righteousness in everything he intends and desires.'"

The apparent meaning is that this "tasting" is in the Hereafter. It is also said that before its people made it lawful, the punishment was hastened in this world for those who intended it with evil. Ibn Abi Hatim reported from Ar-Rabi ibn Anas (may Allah be pleased with him) that he said regarding the verse, that he was informed by a man who heard it from a descendant of the Muhajirun and Ansar that: "Whoever intended for it what the people of the Elephant intended, their punishment was hastened in this world."