Al-Hajj (The Pilgrimage): (25) Indeed, those who disbelieve...

Allah, after distinguishing between the disbelievers and the believers, mentioned the sanctity of the House (the Ka'bah) and the magnitude of their disbelief, saying: {Indeed, those who disbelieve} in what the Prophet Muhammad (peace be upon him) brought, {and bar [people] from the way of Allah and the Sacred Mosque}.

This barring was through preventing Hijra (migration) and Jihad, as they were opposed to these acts.

There is a point of ambiguity here: how is the future tense verb {and bar} (wa yaṣuddūna) conjoined with the past tense verb {disbelieve} (kafarū)?

There are two answers to this:

1. It is like saying, "So-and-so is good to the poor and helps the weak." This does not refer only to the present or future, but rather to the continuous existence of this goodness from him across all times. Similarly, it is as if the verse means: "Indeed, those who disbelieve are characterized by barring the way of Allah." This is analogous to the verse: {Those who have believed and whose hearts find rest in the remembrance of Allah}.
2. Abu Ali al-Farsi said the structure implies: "Indeed, those who disbelieved in the past, and they are currently barring [people]..." This includes their actions in the present and future.

As for {and the Sacred Mosque}, it means they also bar people from the Sacred Mosque. Ibn Abbas (may Allah be pleased with him) said this verse was revealed concerning Abu Sufyan ibn Harb and his companions when they prevented the Messenger of Allah (PBUH) in the year of Hudaybiyyah from entering the Sacred Mosque to perform Hajj or Umrah and offer their sacrifices. The Prophet (PBUH) disliked fighting them while he was in the state of Ihram for Umrah, so they made a treaty for him to return the following year.

Regarding: {which We have made equal for the people—the resident therein and the visitor}

Abu Ali al-Farsi interpreted {which We have made} to mean: "which We have made a place of ritual worship and devotion for the people."

The phrase {the resident therein and the visitor are equal} (sawā’un al-‘ākifu fīhi wal-bādī) is in the nominative case (raising) as the predicate of a delayed subject. The meaning is: "The resident and the visitor are equal in it."

The structure of the verse is: "The Sacred Mosque, which We have made a place of ritual worship for the people, [such that] the resident and the visitor are equal in it."

‘Asim and Ya’qub recited {sawā’an} (accusative) by making it the second object of the verb ja‘ala (to make), as ja‘ala takes two objects. (And Allah knows best.)

• Al-‘Ākif (The Resident): The one who resides there, present in the sanctuary.
• Al-Bādī (The Visitor): The newcomer, one who comes from the desert (al-badw), meaning one who travels from his nomadic dwelling.

Some scholars included within Al-‘Ākif the nearby resident who stays close for worship, even if he is not originally from Mecca.

Scholars differed on what they are equal in:

1. Equality in Dwelling/Residency: According to one narration from Ibn Abbas (RA), they are equal in residing in Mecca. Neither one has a greater right to a dwelling place than the other, unless one preceded the other in occupying it. This is the view of Qatadah and Sa'id ibn Jubayr.
   • The implication of this view is that renting or selling houses in Mecca is forbidden, based on this verse and a Hadith.
   • Argument from the Verse: If the land of Mecca were owned, the resident and the visitor would not be equal in it. Their equality proves that its status is like that of the mosques (which cannot be owned).
   • Argument from the Hadith: The Prophet (PBUH) said: "Mecca is permissible for whoever precedes others to it."
   • This is the view of Ibn Umar, Umar ibn Abd al-Aziz, Abu Hanifa, and Ishaq al-Hanzali (may Allah be pleased with them).
   • Under this interpretation, "The Sacred Mosque" refers to the entire Haram area, because using the term "Sacred Mosque" to mean the city is permissible, as evidenced by the verse: {Exalted is He who took His Servant by night from the Sacred Mosque} (Al-Isra: 1). Here, the context provided by {the resident} (al-‘ākif) necessitates this interpretation, as residency is not typically associated with the mosque structure itself but with the surrounding dwellings. Thus, the term "Mosque" is used to mean "Mecca."

2. Equality in Worship: The second view is that Allah made them equal in acts of worship within the Mosque; the resident may not prevent the visitor, nor vice versa. The Prophet (PBUH) said: "O sons of Abd Manaf! Whoever among you is in charge of the affairs of the people, let him not prevent anyone who circles this House or prays at any hour of the night or day." This is the view of Al-Hasan, Mujahid, and those who permitted the sale of Meccan houses.

• A debate occurred between Al-Shafi'i and Ishaq al-Hanzali in Mecca. Ishaq forbade the renting of Meccan houses.
  • Al-Shafi'i argued using the verse: {those who were unjustly expelled from their homes} (Al-Hajj: 40), where the dwelling (dār) is attributed to its owner and non-owner alike. He also cited the Prophet's statement on the Conquest of Mecca: "Whoever closes his door is safe," and "Did Uqayl leave us any land?" Furthermore, Umar ibn Al-Khattab (RA) purchased the land for the prison. Ishaq conceded his position upon hearing these proofs.

• Rebuttal to the first view (Mosque = Mecca): The argument that the context of al-‘ākif forces the meaning to be the entire city is weak. Al-‘Ākif can mean one who constantly adheres to the Mosque, performing i'tikaf (seclusion) there constantly or mostly. Alternatively, it can mean one who resides near the Mosque and is able to worship there at all times. Therefore, there is no need to deviate from the literal meaning of the text given these possibilities.

Regarding: {And whoever intends therein deviation by injustice}

The word {intends} (yurid) is read with a fatha on the yā’ (i.e., yurīd), meaning "whoever comes to it with deviation."

Al-Hasan read it as: "And whoever intends his deviation by injustice." The iḍāfah (genitive construction) is valid here as an expansive usage of the adverbial sphere, similar to makkr al-layl wa an-nahār (the plotting of the night and the day). The meaning is: "And whoever intends to deviate therein unjustly."

Ilhād literally means deviating from the intended path, originating from the way a horse digs the ground. Commentators offered several interpretations for ilḥād in this context:

1. Shirk (Polytheism): Whoever seeks refuge in the sanctity of Allah only to associate partners with Him, Allah will punish him. This is one narration from Ibn Abbas, and the view of ‘Ata’ ibn Abi Rabah, Sa’id ibn Jubayr, Qatadah, and Muqatil.
2. Specific Incidents: Ibn Abbas (RA) said it was revealed concerning Abdullah ibn Sa’d, whom the Prophet (PBUH) pardoned, but he apostatized and became a polytheist. Also concerning Qays ibn Dhubabah. Muqatil said it concerns Abdullah ibn Khatal, who killed an Ansari, fled to Mecca as a disbeliever, and the Prophet (PBUH) ordered him killed upon the Conquest of Mecca while he was still a disbeliever.
3. Killing Game: Killing the animals that Allah forbade hunting within the sanctuary.
4. Entering Ihram Improperly: Entering Mecca without performing Ihram and committing acts forbidden to one in Ihram.
5. Hoarding/Monopolizing: According to Mujahid and Sa’id ibn Jubayr.
6. Preventing the Maintenance/Cultivation of the Sanctuary.
7. Swearing Oaths: ‘Ata’ narrated that it refers to saying "No, by Allah" or "Yes, by Allah" in business dealings. Abdullah ibn Umar (RA) had two water troughs, one in the Haram and one outside. When he wished to admonish his family, he would do so outside the Haram, saying: "We heard that it is part of the deviation therein for a man to say, 'No, by Allah' or 'Yes, by Allah.'"
8. General Sin (The view of the verified scholars): Ilḥād combined with ẓulm (injustice) is general, encompassing all sins. Every sin, whether major or minor, is more severe when committed there than elsewhere. Ibn Mas’ud (RA) said: "If a man in Aden intended to commit an evil deed near the House, Allah would make him taste a painful punishment." Mujahid said that sins are multiplied there just as good deeds are multiplied.
   • If one asks how this applies to the phrase {We will make him taste a painful punishment}, as this phrase doesn't seem fitting for every minor sin, we reply: We do not concede that point. Every punishment is painful; the difference lies only in the degree of pain corresponding to the degree of the sin.

There are two views:

1. The Primary View (Chosen by the author of Al-Kashshāf): The phrases {with deviation} (bi-ilḥād) and {by injustice} (bi-ẓulm) are two synonymous adverbial states (ḥālān mutarādifān). The object of yurid (intends) is omitted to encompass everyone who intends anything. It is as if the verse means: "And whoever intends therein anything, deviating from the right path while being unjust, We will make him taste a painful punishment." This implies that anyone within the sanctuary must control himself and follow the path of correctness and justice in all his intentions and actions.
2. Abu Ubaydah's View: The structure means: "And whoever intends deviation therein," and the bā’ is an extra, superfluous letter (ḥarf zā’id).

Since ilḥād means deviation from a path, Allah clarified that this deviation refers to deviation toward injustice. Therefore, injustice is coupled with deviation because every act of disobedience, major or minor, is an injustice, as Allah states: {Indeed, associating partners [with Allah] is a great injustice}.

Regarding: {We will make him taste a painful punishment}

This is the statement of the threat, and it involves several issues:

Those who said the verse concerns Ibn Khatal interpret the punishment as his being killed by the Prophet (PBUH) on the Day of the Conquest. However, there is no reason to restrict the meaning when generalization is possible. Rather, the punishment must refer to the punishment in the Hereafter, as that is the greatest threat.

This verse indicates that a person deserves punishment merely for intending injustice, just as he deserves it for the actions of his limbs.

There are two views regarding the subject of {Indeed} (inna) at the beginning of the verse:

1. The structure is: "Indeed, those who disbelieve, and bar [people] from the Sacred Mosque, and whoever intends deviation therein by injustice—We will make him taste a painful punishment." The consequence refers back to both preceding clauses.
2. The subject is omitted, implied by the response to the conditional clause. The structure is: "Indeed, those who disbelieve and bar [people] from the Sacred Mosque, We will make them taste a painful punishment." And whoever commits a sin therein is likewise [subject to it].

Verse 26-29: The Story of Abraham

**{And [mention, O Muhammad], when We established for Abraham the site of the House, [saying], "Do not associate anything with Me, and purify My House for those who perform Tawaf, those who are standing [in prayer], and those who bow and prostrate. *And proclaim to the people the Hajj; they will come to you on foot and on every lean camel; they will come from every deep pass, That they may witness the benefits for themselves and mention the Name of Allah on known days over the livestock which He has provided for them. So eat of it and feed the poor, the miserable. Then let them complete their rites, and let them fulfill their vows, and perform Tawaf around the Ancient House.}