Tafsir of Surah Al-Hajj - Verse 25

A Warning to Those Who hinder Others from the Path of Allah and from Al-Masj id Al-Haram and Who seek to do Evil Actions therein

Allah rebukes the disbelievers for preventing the believers from coming to Al-Masjid Al-Haram and performing their rites and rituals there, claiming that they were its guardians,

وَمَا كَانُواْ أَوْلِيَآءَهُ إِنْ أَوْلِيَآؤُهُ إِلاَّ الْمُتَّقُونَ

(and they are not its guardians. None can be its guardians except those who have Taqwa) 8:34. In this Ayah there is proof that it was revealed in Al-Madinah, as Allah says in Surat Al-Baqarah:

يَسْـَلُونَكَ عَنِ الشَّهْرِ الْحَرَامِ قِتَالٍ فِيهِ قُلْ قِتَالٌ فِيهِ كَبِيرٌ وَصَدٌّ عَن سَبِيلِ اللَّهِ وَكُفْرٌ بِهِ وَالْمَسْجِدِ الْحَرَامِ وَإِخْرَاجُ أَهْلِهِ مِنْهُ أَكْبَرُ عِندَ اللَّهِ

(They ask you concerning fighting in the Sacred Months. Say, "Fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the way of Allah, to disbelieve in Him, to prevent access to Al-Masjid Al-Haram, and to drive out its inhabitants) 2:217 And Allah says here:

إِنَّ الَّذِينَ كَفَرُواْ وَيَصُدُّونَ عَن سَبِيلِ اللَّهِ وَالْمَسْجِدِ الْحَرَامِ

(Verily, those who disbelieved and hinder (men) from the path of Allah, and from Al-Masjid Al-Haram) meaning, not only are they disbelievers, but they also hinder people from the path of Allah and from Al-Masjid Al-Haram. They prevent the believers who want to go there from reaching it, although the believers have more right than anyone else to go there. The structure of this phrase is like that to be found in the Ayah:

الَّذِينَ ءَامَنُواْ وَتَطْمَئِنُّ قُلُوبُهُمْ بِذِكْرِ اللَّهِ أَلاَ بِذِكْرِ اللَّهِ تَطْمَئِنُّ الْقُلُوبُ

(Those who believed, and whose hearts find rest in the remembrance of Allah, verily, in the remembrance of Allah do hearts find rest.) 13:28 Not only are they believers, but their hearts also find rest in the remembrance of Allah.

The Issue of renting Houses in Makkah

الَّذِى جَعَلْنَـهُ لِلنَّاسِ سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ

(which We have made (open) to (all) men, the dweller in it and the visitor from the country are equal there) meaning that they prevent people from reaching Al-Masjid Al-Haram, which Allah has made equally accessible to all in Shari`ah, with no differentiation between those who live there and those who live far away from it.

سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ

(the dweller in it and the visitor from the country are equal there,) Part of this equality is that everyone has equal access to all parts of the city and can live there, as `Ali bin Abi Talhah reported from Ibn `Abbas concerning the Ayah:

سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ

(the dweller in it and the visitor from the country are equal there,) He Ibn `Abbas said: "Both the people of Makkah and others can stay in Al-Masjid Al-Haram."

سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ

(the dweller in it and the visitor from the country are equal there,) Mujahid said, "The people of Makkah and others are equally allowed to stay there." This was also the view of Abu Salih, `Abdur-Rahman bin Sabit and `Abdur-Rahman bin Zayd bin Aslam. `Abdur-Razzaq narrated from Ma`mar, from Qatadah who said: "Its own people and others are equal therein." This is the issue about which Ash-Shafi`i and Ishaq bin Rahwayh differed in the Masjid of Al-Khayf, when Ahmad bin Hanbal was also present. Ash-Shafi`i was of the opinion that the various parts of Makkah can be owned, inherited and rented, and he used as evidence the Hadith of Usamah bin Zayd who said, "I said, O Messenger of Allah, will you go and stay tomorrow in your house in Makkah" He said,

«وَهَلْ تَرَكَ لَنَا عَقِيلٌ مِنْ رِبَاعٍ؟»

(Has `Aqil left us any property) Then he said,

«لَا يَرِثُ الْكَافِرُ الْمُسْلِمَ وَلَا الْمُسْلِمُ الْكَافِر»

(A disbeliever does not inherit from a Muslim and a Muslim does not inherit from a disbeliever.) This Hadith was recorded in the Two Sahihs. He also used as evidence the report that `Umar bin Al-Khattab bought a house in Makkah from Safwan bin Umayyah for four thousand Dinars, and made it into a prison. This was also the view of Tawus and `Amr bin Dinar. Ishaq bin Rahwayh was of the opinion that they (houses in Makkah) could not be inherited or rented. This was the view of a number of the Salaf, and Mujahid and `Ata' said likewise. Ishaq bin Rahwayh used as evidence the report recorded by Ibn Majah from `Alqamah bin Nadlah who said, "The Messenger of Allah ﷺ, Abu Bakr and `Umar died, and nobody claimed any property in Makkah except the grazing animals. Whoever needed to live there would take up residence there, and whoever did not need to live there would let others take up residence there." `Abdur-Razzaq recorded that `Abdullah bin `Amr said, "It is not allowed to sell or rent the houses of Makkah." He also said, narrating from Ibn Jurayj: "`Ata' would not allow people to charge rent in the Haram, and he told me that `Umar bin Al-Khattab did not allow people to put gates on the houses of Makkah because the pilgrims used to stay in their courtyards. The first person to put a gate on his house was Suhayl bin `Amr. `Umar bin Al-Khattab sent for him about that and he said, `Listen to me, O Commander of the faithful, I am a man who engages in trade and I want to protect my back.' He said, `Then you may do that."' `Abdur-Razzaq recorded from Mujahid that `Umar bin Al-Khattab said, "O people of Makkah, do not put gates on your houses, and let the bedouins stay wherever they want." He said: Ma`mar told us, narrating from someone who heard `Ata' say about the Ayah, x

سَوَآءً الْعَـكِفُ فِيهِ وَالْبَادِ

(the dweller in it and the visitor from the country are equal there, ) "They may stay wherever they want." Ad-Daraqutni recorded a saying reported from `Abdullah bin `Amr: "Whoever charges rent for the houses of Makkah, consumes fire." Imam Ahmad took a middle path, according to what his son Salih narrated from him, and he said, "They may be owned and inherited, but they should not be rented, so as to reconcile between all the proofs." And Allah knows best.

A Warning to Those Who want to commit Evil Actions in the Haram

وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ نُّذِقْهُ مِنْ عَذَابٍ أَلِيمٍ

(and whoever inclines to evil actions therein or to do wrong, him We shall cause to taste from a painful torment.)

بِظُلْمٍ

(or to do wrong,) means, he aims deliberately to do wrong, and it is not the matter of misunderstanding. As Ibn Jurayj said narrating from Ibn `Abbas, "This means someone whose actions are intentional." `Ali bin Abi Talhah reported that Ibn `Abbas said, "The evil action of Shirk." Al-`Awfi reported that Ibn `Abbas said: "The evil action is allowing in the Haram what Allah has forbidden, such as mistreating and killing, whereby you do wrong to those who have done you no wrong and you kill those who have not fought you. If a person does this, then he deserves to suffer a painful torment."

بِظُلْمٍ

(or to do wrong,) Mujahid said, "To do some bad action therein. This is one of the unique features of Al-Haram, that the person who is about to do some evil action should be punished if this is his intention, even if he has not yet commenced the action." Ibn Abi Hatim recorded in his Tafsir that `Abdullah (i.e., Ibn Mas`ud) commented about the Ayah,

وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ

(and whoever inclines to evil actions therein or to do wrong,) "If a man intends to do some evil action therein, Allah will make him taste a painful torment." This was also recorded by Ahmad. I say, its chain is Sahih according to the conditions of Al-Bukhari, and it is more likely Mawquf than Marfu`. And Allah knows best. Sa`id bin Jubayr said, "Insulting a servant and anything more than that is (counted as) wrongdoing." Habib bin Abi Thabit said:

وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ

(and whoever inclines to evil actions therein or to do wrong,) "Hoarding (goods) in Makkah." This was also the view of others.

وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ

(and whoever inclines to evil actions therein or to do wrong,) Ibn `Abbas said, "This was revealed about `Abdullah bin Unays. The Messenger of Allah ﷺ sent him with two men, one of whom was a Muhajir and the other from among the Ansar. They began to boast about their lineages and `Abdullah bin Unays got angry and killed the Ansari. Then he reverted from Islam (became an apostate) and fled to Makkah. Then these words were revealed concerning him:

وَمَن يُرِدْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ

(and whoever inclines to evil actions therein or to do wrong,) meaning, whoever flees to Al-Haram to do evil actions, i.e., by leaving Islam." These reports indicate some meanings of the phrase "evil actions", but the meaning is more general than that and includes things which are more serious. Hence when the owners of the Elephant planned to destroy the House (the Ka`bah), Allah sent against them birds in flocks,

تَرْمِيهِم بِحِجَارَةٍ مِّن سِجِّيلٍ - فَجَعَلَهُمْ كَعَصْفٍ مَّأْكُولِ

(Striking them with stones of Sijjil. And He made them like (an empty field of) stalks (of which the corn has been eaten up by cattle).) 105:4-5. means He destroyed them and made them a lesson and a warning for everyone who intends to commit evil actions there. Hence it was reported in a Hadith that the Messenger of Allah ﷺ said:

«يَغْزُو هَذَا الْبَيْتَ جَيْشٌ حَتَّى إِذَا كَانُوا بِبَيْدَاءَ مِنَ الْأَرْضِ خُسِفَ بِأَوَّلِهِمْ وَآخِرِهِم»

(This House will be attacked by an army, then when they are in a wide open space, the first of them and the last of them will be swallowed up by the earth.)

Commentary

In the previous verse, mention was made of the mutual hostility between the believers and infidels. One aspect of this hostility has been described in this verse, namely that among the infidels there are those who not only persist in error themselves but also prevent others from following the path of virtue. Those were the people who prevented the Holy Prophet ﷺ and his companions when they wanted to enter the Sacred Mosque wearing the pilgrim's garb. Traditionally the Sacred Mosque and that part of Makkah which has an essential role in the rituals of the pilgrimage was not their property and they had no right to deny entry to anyone. The place is open to everyone, whether a local resident or a visitor. The verse goes on to say that anyone who commits an impious act in the Sacred Mosque, (meaning the whole of حَرَم Haram), such as preventing people from entering the Mosque, will be made to suffer severe chastisement from Allah, especially if he is also a polytheist as was the case with the infidels of Makkah. They will be liable for double punishment, one for being non-believers and second for preventing others to enter the Sacred Mosque for pilgrimage. Although all sinful acts especially shirk and kufr are forbidden and are great crimes and sins which are liable to punishment at all times and in all places, but such acts carried out in the حَرَم Haram enhance the crime double-fold, and hence referred here for their special importance.

يَصُدُّونَ عَن سَبِيلِ اللَّـهِ (Prevent (people) from the way of Allah - 22:25) The words سَبِيلِ اللَّـهِ (the way of Allah) mean Islam and the sense of the verse is that these people not only repudiate Islam themselves but also prevent others from accepting it.

Their second offence is that they stop the Muslims from entering the Sacred Mosque (Al-Masjid Al-Haram) (22:25). In reality Al-Masjid Al-Haram is the name of the mosque which is built around بَیت اللہ (House of Allah - the Holy Ka'bah), and it is a very important part of حَرَم haram of Makkah. However, the term Al-Masjid Al-Haram is usually used for the whole of haram of Makkah, as is the case under this episode. Thus the infidels of Makkah excluded the Muslims not only from the Sacred Mosque but also from the precincts of haram of Makkah (as is evident from numerous traditions), and the words اَلمَسجِد الحَرَام used in this verse cover the entire haram. The Holy Qur'an has at another place used the word اَلمَسجِد الحَرَام under this episode in the meaning of the whole area of حَرَم Haram: وَصَدُّوكُمْ عَنِ الْمَسْجِدِ الْحَرَ‌امِ. (48:25)

The meaning of equal rights of all Muslims within Haram of Makkah

According to al-Durr al-Manthur the term Al-Masjid Al-Haram in the present context means the entire haram as reported from Sayyidna Ibn ` Abbas ؓ . The entire Muslim Ummah and all the jurists are unanimous on the fact that all those areas of Makkah and the haram where the essential rituals of the pilgrimage are performed, such as the space between Safa and Marwah, where the pilgrims perform سَعِی Sa'y, and all the open areas of Mina, ` Arafat and Muzdalifah are waqf for the benefit of the entire Muslim ummah and have never been, nor can ever be, owned by individuals. Some jurists apply this principle to the private houses in Makkah and the open lands in the area of haram to infer that these too are waqf for all the Muslims, that a Muslim can stay anywhere he likes and that the sale or letting out these properties on rent is not permissible. However, there are other jurists who do not accept this view and believe that the ownership of these properties can vest in private individuals and the houses can be sold or let out on rent. It is well established that Sayyidna ` Umar ؓ purchased the house of Safwan Ibn Umayyah in Makkah for use as prison for the criminals. As for Imam Abu Hanifah (رح) ، both views are attributed to him in different reports, but the hanaff jurists have issued their Fatwa (ruling) in favour of the latter view. (Ruh ul-Ma` ani) This verse mentions certain areas of haram where entry was denied to the Holy Prophet ﷺ and his companions by the infidels of Makkah, but these areas are waqf by consensus of ummah and nobody can be denied access to them.

وَمَن يُرِ‌دْ فِيهِ بِإِلْحَادٍ بِظُلْمٍ (And whoever intends therein to commit deviation with injustice - 22:25.) The word إِلْحَادٍ literally means deviation from the right path. While Mujahid and Qatadah have interpreted this word to mean unbelief and denial of the Oneness of Allah (kufr and shirk) other commentators have given this word its literal meaning which embraces all kinds of sins so much so that even hurling abuses to one's servant is also included in it.

Sayyidna ` Ata' ؓ has further enlarged the scope of the meaning of this word by declaring that ilhad within the precincts of haram means entering it without wearing the pilgrims garb (ihram), or violating any of the prohibition inside the haram, such as hunting or cutting down trees within its limits. It needs to be clarified here that all things forbidden by the religious code are forbidden everywhere and will attract punishment wherever committed; and the specific reference to haram in this verse is to emphasize the fact that just as a good deed performed within its limits will be generously rewarded, similarly a sin committed there will attract the most severe punishment. (Mujahid). Sayyidna ` Abdullah Ibn Masud ؓ has related another interpretation of the word ilhad to mean that whereas at any other place the mere intention to commit a sin does not constitute a sin unless it is actually committed, within the limits of the haram even the resolve to commit a sin is punishable, as if it has actually been committed. Qurtubi has adopted this interpretation from Ibn ` Umar ؓ and lends his own support to it. Whenever Sayyidna ` Abdullah Ibn ` Umar ؓ went for the pilgrimage, he used to set up two tents - one within the limits of haram and the other outside it. If ever an occasion arose when he needed to scold or rebuke any one of his households, he would do it in the tent which he had set up outside the limits of haram. When people asked him the reason for this, his answer was that the words کلَّا واللہ or بلٰی واللہ which a person normally uses when angry also constitute إلحَاد فی الحَرَم (committing an act of sin within the precincts of haram). (Mazhari)

One instance of the denial of Truth is illustrated by an incident which occurred in ancient Makkah. The people of Makkah, intolerant of even the most peaceful activities of the Prophet Muhammad, imposed many restrictions on him. He and his companions became the target for atrocities, and were even prevented from entering the Ka‘bah. Such behaviour on the part of the Makkans, on top of their denial of the Truth, amounted to adding insult to injury. Those who indulge in this kind of sinful behaviour deserve the severest punishment from God.