and it is not lawful for him to do so. He is more sinful than one who sells houses in Mecca, because people are not required to remain in those houses; they may stay outside it and come down into it.

Shaykh al-Islam held that selling is permissible but leasing is not, based on Allah’s saying:

“And the Sacred Mosque, which We have made for all people alike—the resident therein and the visitor from the desert.” [al-Hajj 22:25]

Another view is that both their sale and lease are permissible. This is the position of al-Shafi‘i. Their evidence is that, in the year of the Conquest, the Prophet ﷺ was asked, “Will you stay tomorrow in your house?” He replied, “Has Aqil left us any house or dwelling?!” (1)

Aqil was the one who inherited Abu Talib. The apparent meaning of this hadith is that the houses of Mecca may be privately owned; and if they may be owned, then they may be sold and leased. The view held by al-Shafi‘i and others was also defended by al-Muwaffaq in al-Mughni, which he supported with many proofs. He stated that the sound view is that selling and leasing houses in Mecca are permissible, and this is the position acted upon. As for the view that their sale and lease are impermissible, it is weak.

As for the position held by Shaykh al-Islam, although it carries some weight, it may be answered by saying that the verse concerns the sites of the sacred rites, which undoubtedly cannot be privately owned.

Thus, lands fall into three categories:

First: that which may be sold and leased.

Second: that which may be leased but not sold.