that which belongs to the trees of the Sanctuary, not to trees belonging to people. Accordingly, whatever a person plants, or whatever grain he sows, is not prohibited, because it is his property and is not ascribed to the Sanctuary; rather, it is ascribed to its owner.
His statement, “its herbage”: concerning this, we say what we said regarding its trees: the herbage is ascribed to the Sanctuary. Thus, herbage that grows through human cultivation is not prohibited.
His statement, “green”: this is an adjective describing both the trees and the herbage. What is meant is that which possesses life and growth, whether it is green in color or otherwise. For some trees are not green, and likewise some cultivated plants and herbage are not green. Some may even die while still green, such as idhkhir. It is therefore preferable to say: “its living trees and herbage,” whether they are green in color or otherwise.
This excludes whatever is dead, for it is lawful. Thus, if you see a tree that has died, it is lawful; and if you see a broken branch beneath a tree, it is lawful, because it has separated from the tree and died. A dry branch on a green tree may be cut if its dryness is the dryness of death. For the branches of some trees dry up, but when rain comes, they grow again. Yet the scholars have said: whatever a person cuts from the trees of the Sanctuary is prohibited, because he cut it without right.
Question: Is the fruit of the trees of the Sanctuary subject to the same ruling as the trees?
Answer: No. If, for example, an apple tree grows in the Sanctuary without human intervention, then bears fruit, and a person takes its fruit, there is nothing wrong with that.
His statement, “except idhkhir”: idhkhir is a well-known plant used by the people of Mecca in houses, graves, and blacksmithing.